Yasin awarded life for terror funding

| | New Delhi
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Yasin awarded life for terror funding

Thursday, 26 May 2022 | Pioneer News Service | New Delhi

Yasin awarded life  for terror funding

A Delhi Special court on Wednesday awarded life imprisonment to Kashmiri terrorist Yasin Malik in a terror funding case.

Special Judge Praveen Singh also awarded varying jail terms for various offences under the stringent Unlawful Activities Prevention Act (UAPA) and the Indian Penal Code (IPC).  The court also imposed a fine of over Rs 10 lakh on Malik.

The life term was awarded for two offences — Section 121 (waging war against the Government of India) of the IPC and section 17 (raising funds for the terrorist act) of the UAPA.  All the sentences will run concurrently.

Earlier in the day, the National Investigation Agency (NIA) during the argument on quantum of sentence demanded death sentence for Malik, highlighting crimes and terrorism he committed in Kashmir for the past three decades.  “Let’s not go into all this. Stick to the facts. This is a terror funding case,” said Judge Singh, who delivered the judgment by 6.15 pm.

“However, in my opinion, there was no reformation of this convict. It may be correct that the convict may have given up the gun in 1994, but he had never expressed any regret for the violence he had committed prior to 1994.

“It is noticed that, when he claimed to have given up the path of violence after 1994, the Government of India took it upon its face value and gave him an opportunity to reform and in good faith tried to engage in a meaningful dialogue with him and as admitted by him, gave him every platform to express his opinion.

“However, as discussed in the order on charge, the convict did not desist from violence. Rather, betraying the good intentions of the Government he took a different path to orchestrate violence in the guise of political struggle. The convict has claimed that he had followed Gandhian principle of non-violence and was spearheading a peaceful non violent struggle.

“However, the evidence on the basis of which charges were framed and to which convict has pleaded guilty, speaks otherwise.

“The entire movement was  planned to be a violent movement and large-scale violence ensured is a matter of fact,” said the judgment convicting Malik to life imprisonment. 

Earlier in the morning, Advocate Akhand Pratap Singh (court-appointed amicus) sought minimum punishment (life imprisonment) for Malik.

“These crimes were intended to strike at the heart of the idea of India and intended to forcefully secede J&K from UOI. The crime becomes more serious as it was committed with the assistance of foreign powers and designated terrorists. The seriousness of crime is further increased by the fact that it was committed behind the smokescreen of an alleged peaceful political movement,” the judge said.

Reacting to the sentencing,  Malik said, "I have already given my words in the court and now it is at the court's discretion."

The lawyer, who attended the court proceeding,quoted Malik saying in the courtroom, " 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 the demand by NIA for the death penalty to Malik, he said, "I will not beg for anything. The case is before this court and I leave it to the court to decide it." The court had on May 19 convicted Malik, after he pleaded guilty in the terror funding charges and had directed the NIA authorities to assess his financial situation to determine the amount of fine likely to be imposed. 

Malik had on May 10 told the court that he was not contesting the charges levelled against him that included sections 16 (terrorist act), 17 (raising funds for the terrorist act), 18 (conspiracy to commit terrorist act), and 20 (being member of terrorist gang or organisation) of the UAPA and sections 120-B (criminal conspiracy) and 124-A (sedition) of the IPC.    

 The court had, meanwhile, formally framed the charges against Kashmiri separatist leaders including Farooq Ahmed Dar alias Bitta Karate, Shabbir Shah, Masarat Alam, Md Yusuf Shah, Aftab Ahmad Shah, Altaf Ahmad Shah, Nayeem Khan, Md Akbar Khanday, Raja Mehrajuddin Kalwal, Bashir Ahmad Bhat, Zahoor Ahmad Shah Watali, Shabir Ahmad Shah, Abdul Rashid Sheikh, and Naval Kishore Kapoor. The charge sheet was also filed against Lashkar-e-Taiba (LeT) founder Hafiz Saeed and Hizbul Mujahideen chief Syed Salahuddin, who have been declared proclaimed offenders (PO) in the case.

 

 

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