Separatist leader Yasin Malik gets life imprisonment in terror funding case

A Delhi court on Wednesday sentenced Yasin Malik, Jammu and Kashmir separatist leader and chief of the banned outfit JKLF to life imprisonment in a case related to terror activities and funding, saying he was convicted of crimes of a very serious nature, intended to strike at the heart of the idea of India and to forcefully secede J&K.

Special Judge (NIA) court Parveen Singh noted, "The crime becomes more serious as it was committed with the assistance of foreign powers and designated terrorists. The seriousness is further increased by the fact that it was committed behind the smokescreen of an alleged peaceful political movement."

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The court pronounced separate sentences, besides a fine of over Rs 10 lakh, for various offences under the Unlawful Activities (Prevention) Act and the Indian Penal Code. All the sentences were ordered to be run concurrently.

The court said it is high time that it is recognised that terror funding is one of the gravest offences and has to be punished more severely.

The court had earlier on May 19 convicted him in the case after he had on May 10 pleaded guilty of the charges. The court had twice given him the opportunity to re-think his decision to admit the grave charges.

Malik would now have an option to challenge his sentence only in appeal before the Delhi High Court.

The case has triggered strong reactions from neighbouring Pakistan. Malik's Pakistan origin wife, Mushaal Hussein Mullick tweeted, "BJP wants to punish my husband to increase Modi's Hindutva fascist vote bank...India must end these war crimes and politics and hatred and intolerance."

During the arguments on the quantum of the sentence, the National Investigation Agency sought the death penalty against Malik.

For his part, Malik claimed he has followed the principles of Mahatma Gandhi since 1994 since he laid down the arms. With regard to demand for the death penalty, he said he would not beg for anything and the case is before the court to decide.

"I have worked with seven Prime Ministers of the country and I have a legacy," he said.

The judge, however, said, "The convict has claimed that he had followed Gandhian principle of non-violence and was spearheading a peaceful non-violent struggle...The entire movement was planned to be a violent movement and large scale violence ensued as a matter of fact. Despite the large scale of violence engulfing the valley neither (he) condemned the violence nor withdrew his calendar of protest which had led to the said violence."

The court also noted there was a conspiracy for an attempted insurrection by instigating, stone-pelting and arson and very large scale violence for shutting down of the government machinery and ultimate secession of J&K.

Malik was brought from Tihar jail to the Patiala House Courts amid a massive security presence.

Earlier, Malik alias Aslam was convicted for the offences punishable 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.

Other co-accused 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 had contested the charges and expressed their readiness to face trial in the case.

The NIA had on May 30, 2017, lodged the case related to raising, receiving and collecting funds domestically and abroad through various illegal channels including hawala for funding terror activities in Jammu and Kashmir. The agency filed the charge sheet in the matter on January 18, 2018.