The National Investigation Agency (NIA) on Wednesday urged the court to award death sentence to Jammu and Kashmir separatist leader Yasin Malik, while the latter said it would not seek anything and left the decision to the court.
The lawyer who participated in the court proceedings said in the courtroom, “Yasin said that if I have been involved in any terrorist activity or violence in 28 years, if Indian intelligence proves this, then I will also retire from politics.” . I will accept the hanging. I have worked with seven prime ministers.”
On NIA’s demand for capital punishment for the separatist leader, he said, “I will not ask for anything.” The matter is before this court and I leave it to the court to decide.”
The NIA SPP (Special Public Prosecutor) told the court that Yasin Malik was to some extent responsible for the Kashmiri exodus.
“Let’s not go into all this. Stick to the facts. It is a matter of terror funding,” said the court, which handed down the quantum of sentence.
The court had convicted him in this case on the last date. Malik had recently pleaded guilty in the terror funding case.
The lawyer representing the NIA on Wednesday sought maximum punishment against Malik. However, advocate Akhand Pratap Singh (a court-appointed amicus curiae) sought minimum punishment (life imprisonment).
Meanwhile, Yasin Malik said on the point of sentencing, “I have already given me the words in the court and now it is at the discretion of the court”.
Special NIA Judge Praveen Singh said that we will pronounce the verdict at 3.30 pm today.
Earlier, the court had asked the NIA with the help of local authorities to submit an affidavit on the socio-economic status of convict Yasin Malik. Malik has also been directed to file an affidavit disclosing all sources of his income and assets (movable and immovable).
Malik told the court that he was not contesting the charges against him.
Whereas the guilty court had said that in view of the plea of ​​the crime, the accused Mohd. Yasin Malik alias Aslam is hereby stipulated under sections 120B IPC, 121 IPC, 121A IPC, 13 UAPA r/w 120B IPC, 15 UAPA r/w 120B IPC, 17 UAPA, 18 UAPA, 20 UAPA, 38 UAPA and 39 UAPA.
Farooq Ahmed Dar alias Bitta Karate, Shabir Shah, Masarat Alam, Mohammad Yusuf Shah, Aftab Ahmed Shah, Altaf Ahmed Shah, Naeem Khan, Mohammad Akbar Khande, Raja Mehrajuddin Kalwal, Bashir Ahmed Bhat, Zahoor Ahmed Shah Watali, Shabbir Ahmed Shah , Abdul Rashid Shaikh and Naval Kishore Kapoor first formally signed the copy of the court order and said that they are ready to face trial in the matter.
Passing the order, the NIA judge said, “The analysis shows that the statements of the witnesses and the documentary evidence have linked almost all the accused with each other and with a common object of separation, of the means used by them.” Linkage to terrorist/terrorist organizations under the guidance and funding of a Pakistani establishment close to them.
On March 16, the NIA Court had ordered framing of charges under various sections against Lashkar-e-Taiba (LeT) founder Hafiz Saeed and Hizbul Mujahideen chief Syed Salahuddin, Yasin Malik, Shabir Shah, Masrat Alam and others. UAPA in a matter relating to terrorist and separatist activities plaguing the State of Jammu and Kashmir.
The court also ordered framing of charges against Kashmiri politician and former MLA Rashid Engineer, businessman Zahoor Ahmed Shah Watali, Bitta Karate, Aftab Ahmed Shah, Avtar Ahmed Shah, Naeem Khan, Bashir Ahmed Bhat, alias Peer Saifullah and several others. Had given. Sections of IPC and UAPA which include criminal conspiracy, waging war against the country, illegal activities etc.
The court said that, during the course of the arguments, none of the accused had argued that they personally had no separatist ideology or agenda or had worked for secession or separation of the erstwhile state of Jammu and Kashmir from the Union. Not advocated. of India.
Witness after witness have given statements that the APHC, its post-partition faction and the JRL had only one objective and that was the separation of Jammu and Kashmir from the Union of India. Witnesses have linked the accused Shabir Shah, Yasin Malik, Zahoor Ahmed Shah Watali, Naeem Khan and Bitta Karate to APHC and JRL. Another witness has added Er. The court said that from Rashid to Zahoor Ahmad Shah Watali, who is closely associated with APHC and Pakistani establishment/agencies.
However, the court also clarified that what is expressed in the order is prima facie opinion, however, the evidence was to be discussed in detail as the arguments were argued in great detail by both the parties.
According to NIA various terrorist organizations like Lashkar-e-Taiba (LeT), Hizb-ul-Mujahideen (HM), Jammu and Kashmir Liberation Front (JKLF), Jaish-e-Mohammed (JeM) etc. Pakistan’s ISI carried out violence in the valley by attacking civilians and security forces. It was further alleged that the All Parties Hurriyat Conference (APHC) was formed in the year 1993 to give a political front to the separatist activities.
The NIA chargesheet states that the central government has received credible information that the separatist and separatist leader including Hafiz Muhammad Saeed, the Amir of Jamaat-ud-Dawa and members of Hurriyat Conference was working closely with active terrorists of banned terrorist organizations like HM. are. Lashkar etc. to raise, receive and collect money domestically and abroad through various illegal channels including hawala.
The NIA also submitted before the court that this has been done to finance separatist and terrorist activities in Jammu and Kashmir and as such, they have created a plan to create disturbance in the Valley by systematically burning down schools by pelting stones at security forces. Has entered into a larger conspiracy, to damage public property and to wage war against India.
On this information, the Ministry of Home Affairs directed the NIA to register a case. Accordingly, the present case was registered by the NIA under sections 120B, 121, 121A of the IPC and sections 13, 16, 17, 18, 20, 38, 39 and 40 of the UAPA.
The NIA further said that during the investigation it was also revealed that the APHC and other separatists instigate the general public, especially the youth, to resort to violence to strike and pelt stones especially at the security forces. This was done to create discontent among the people of Jammu and Kashmir towards the Government of India.
It was also submitted that the investigation revealed that the separatists were raising funds from all possible sources to support the ongoing separatist and terrorist activities in Jammu and Kashmir and to create unrest. The separatists were getting money from Pakistan, from terrorist organizations based in Pakistan and from local donations.