NIA seeks ‘Fasi ka Fanda’ for Yasin Malik; HC to hear matter on Aug 9

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New Delhi, May 29: The Delhi High Court has issued a notice to Yasin Malik while hearing the National Investigation Agency’s (NIA) demand for the execution of the death sentence to Yasin Malik, convicted in the case of murder and terror funding. A bench headed by Justice Siddharth Mridul issued a production warrant for Yasin Malik to be produced on the next date of hearing on August 9.

During the hearing, Solicitor General Tushar Mehta, appearing for the NIA, said that the trial court had found the allegations against Yasin Malik correct.

He said that it is strange that anyone should try to break the integrity of the country and later say that he accepts his mistake and does not face the trial. This is not legally correct. He said that the NIA has strong evidence that Malik tried to vitiate the atmosphere in Kashmir.

Mehta said that Yasin Malik was continuously waging an armed rebellion. He was involved in the killing of army soldiers and kept talking about separating Kashmir. Mehta said that under Section 121 of the Indian Penal Code, there is also a provision for the death penalty in case of waging war against the Government of India. Such a criminal should be given death sentence.

Mehta said that Yasin Malik was involved in the killing of four Air Force personnel. His accomplices abducted Rubia Sayeed, the daughter of the then Home Minister. His kidnappers were then released, who later carried out the Mumbai bomb blasts.

The court said that where is the mention of the killing of 4 Air Force officers in the order of the trial court. In this order, there has been talk of getting involved in stone pelting. Mehta, keeping his side, said that the case of the murder of four Air Force officers was not there in the copy of the judgment.

On May 25, 2022, the Patiala House Court sentenced Yasin Malik, convicted of murder and terror funding, to life imprisonment.

The Patiala House Court sentenced Yasin Malik to life imprisonment under Section 17 of the UAPA and a fine of Rs 10 lakh, under Section 18 to ten years imprisonment and a fine of Rs 10,000, under Section 20 to ten years and a fine of Rs 10,000. Under sections 38 and 39, he was sentenced to five years imprisonment and a fine of five thousand rupees.

The court sentenced Yasin Malik to ten years’ imprisonment and a fine of ten thousand rupees under section 120B of the Indian Penal Code, and ten years’ imprisonment and a fine of ten thousand rupees under section 121A of the Indian Penal Code.

The court had said that all these sentences awarded to Yasin Malik will run concurrently. This means that the maximum sentence of life imprisonment and a fine of ten lakh rupees will be effective.

Yasin Malik confessed to his crime on May 10, 2022. On March 16, 2022, the court along with Hafiz Saeed, Syed Salahuddin, Yasin Malik, Shabbir Shah and Masarat Alam, Rashid Engineer, Zahoor Ahmed Watali, Bitta Karate, Altaf Ahmed Shah, Avtar Ahmed Shah, Naeem Khan, Bashir Ahmed Butt alias Peer Saifullah Ordered framing of charges against the other accused.

According to the NIA, organizations like Lashkar-e-Taiba, Hizbul Mujahideen, JKLF, and Jaish-e-Mohammed, with the support of Pakistan’s intelligence agency ISI, carried out attacks and violence on civilians and security forces in Jammu and Kashmir. In 1993, the All Party Hurriyat Conference was established to carry out separatist activities.

According to the NIA, Hafid Saeed, in connivance with the leaders of the Hurriyat Conference, transacted money for carrying out terrorist activities through hawala and other channels. They used this money to spread unrest in the valley, attacking security forces, burning schools and damaging public property.