opinion | Why did Yasin Malik get life imprisonment?
A special NIA court in Delhi on Wednesday sentenced JKLF leader Yasin Malik to two life imprisonments for terror funding and waging war against the nation. Special Judge Parveen Singh rejected Yasin Malik’s contention that he was following Mahatma Gandhi’s ideas of non-violence for the last 28 years when he gave up terrorism in 1994.
In his judgment, the special judge observed, “The convict may have given up the gun, but he never expressed any remorse for the violence committed before 1994… The convict claimed that he had followed the Gandhian principle of non-violence … it was only a small incident of violence in Chauri Chaura, Mahatma called off the entire non-cooperation movement, but the convict…. neither condemned the violence (in the valley) nor returned his calendar of protests Took it, which led to the said violence.”
On the NIA prosecution’s argument that Yasin Malik should be given death sentence for his role in the genocide and exodus of Kashmiri Pandits from the Valley, the special judge said: “The issue is neither before this court nor before this court. But the judgment has been passed and thus the court cannot allow itself to be influenced by this argument.”
This is the first major case in which the Center has taken a tough stand against terrorism in Jammu and Kashmir. This is also the first case of terror funding in which the verdict has been given. Yasin Malik has been sentenced to 10 years rigorous imprisonment under five different sections and 20 years under two other sections, besides a fine of Rs 10 lakh.
The charges include plotting terrorist attacks, arranging funds for terrorists, maintaining links with terrorist groups, treason and waging war against the nation. If Yasin Malik does not challenge this decision in the High Courts, then he may have to remain in jail till his last breath.
Soon after the sentencing, Yasin Malik was sent to Delhi’s Tihar Jail and incidents of stone pelting started in the Valley. There were also protests. In Pakistan, Prime Minister Shahbaz Sharif, former PK Imran Khan, former cricketer Shahid Afridi and other leaders condemned the decision.
First I want to go into the depth of this matter. The National Investigation Agency (NIA) had started investigation into terror funding allegations against Yasin Malik in 2017. The NIA proved in the court that it had taken money from Lashkar-e-Taiba chief Hafiz Saeed. Yasin Malik had sent this money to terrorist groups operating in the Valley. The money was used to incite stone-pelting incidents, attacks on army and security forces and targeted killings.
There were 12 accused on this, out of which two are absconding. The NIA filed a chargesheet in January 2018 and named Yasin Malik, Shabir Shah, Masrat Alam, Asiya Andrabi and engineer Rashid as accused. During the trial, the NIA produced 3,000 pages of evidence, recordings of conversations between the accused, e-mails between Shabir Shah, Yasin Malik and others.
In all, more than 400 electronic evidence was presented in court. Evidence was presented as to how the accused had links with the Pakistan High Commission in Delhi, and terror plans were hatched by the Hurriyat Conference. A total of 125 witnesses were presented in the court. The NIA provided evidence of properties acquired by Yasin Malik, on the basis of which the court imposed a fine of Rs 10 lakh on him.
The world knows that Yasin Malik had picked up a gun in 1990, went to Pakistan for arms training and had carried out many terrorist attacks on his return. He was the mastermind of the abduction of Rubaiya Sayeed, sister of former Chief Minister Mehbooba Mufti and daughter of the then Union Home Minister Mufti Mohammad Sayeed. He was also the mastermind behind the terrorist attack on Indian Air Force personnel in January 1990 in which four officers were martyred.
The families of the martyrs also include the family of Squadron Leader Ravi Khanna, who has been waiting for justice for the last 32 years. His widow Nirmal Khanna on Wednesday said the verdict has rekindled his hopes of getting justice. “The wheels of justice are finally rolling. I am 100% sure that we will get justice. Generally people say, justice delayed is justice denied, but I do not believe in it”, said the martyr’s widow.
Nirmal Khanna said, ‘Yasin Malik killed not only my husband but also my mother-in-law, father-in-law and my mother. Two of my little ones lost their childhood and in a moment my happiness was snatched away. This terrorist has turned our world upside down.” Squadron Leader Ravi Khanna was shot 27 times by an AK-47 rifle.
In August 1990, Yasin Malik was injured in an encounter with the security forces and was arrested. He remained in prison till 1994. Yasin Malik claimed in the court that he never indulged in violence after his release from jail in 1994. In the present case, Yasin Malik refused to hire a lawyer and the court allowed him to defend himself.
Now that Yasin Malik has been kept in the security barracks of Tihar Jail, it is awaited whether he will appeal against this decision in the High Court. Looking at Yasin Malik’s mindset, I don’t think he can appeal. He told the trial court that he accepts his guilt and will accept whatever punishment is given.
It is true that Yasin Malik has not directly participated in any incident of violence for the last 28 years. He had previously met Prime Ministers IK Gujral, Atal Bihari Vajpayee and Dr Manmohan Singh. It is also true that the Vajpayee government had issued him a passport for foreign travel. This shows that the previous governments trusted him and tried to bring him into the political mainstream. Despite all this, if Yasin Malik arranged funding for terrorist groups in the Valley, then it is a crime, which has now been proved in the court. His crime has already been proved in the people’s court. The perception of common Indian is against Yasin Malik.
As protests broke out in Maisuma, Yasin Malik’s locality in Srinagar, JKPDP chief Mehbooba Mufti accompanied her remarks saying it was an example of “atrocities on Kashmiris”. He said, “Sentencement will not help in resolving the Kashmir issue… I think the results of India’s Bahubali policy will not be good. The situation is getting worse day by day. The matter is getting complicated instead of resolved.” .’
National Conference leader Omar Abdullah said, Yasin Malik has every right to approach the High Court. “The court has given its verdict, and it is for Yasin Malik to decide what to do. I don’t want to comment on that.”
I know Yasin Malik personally. He appeared twice in my show ‘Aap Ki Adalat’. I grilled him by asking him several tough questions. There was a lot of heated argument during the show. Kashmiri Pandits in the audience described him as a murderer during the show, responsible for the massacre and killing of Air Force officers. It is a matter of terror funding.
Yasin Malik used to say, he picked up the gun only because the situation in the valley was like this. He claimed that he has been following the Gandhian path of non-violence since 1994. Yasin Malik also told me, he used to tell Kashmiri youth to fight with ballots, not bullets.
It is also true that Yasin Malik had tried to resolve the Kashmir issue by sitting with several governments in the past. But it is also a fact that he wanted to make Pakistan a party in the Kashmir dispute, which was not acceptable to India.
Yasin Malik used to say that Kashmir issue can never be resolved without involving Pakistan. He had close ties with Pakistani masters sitting across the border. I had shown pictures of Yasin Malik sitting with Lashkar-e-Taiba chief Hafiz Saeed in Pakistan.
Yasin was married to a Pakistani girl Mishaal Malik and has a young daughter. Mishal is living in Pakistan with her daughter. When sentenced in Delhi on Wednesday, Mishal along with her daughter appeared at a press conference in Islamabad with Pakistan’s Federal Information Minister Maryam Aurangzeb. Mishal Malik said, “My husband was neither given a lawyer nor allowed to argue and he was sentenced to life imprisonment.” Maryam Aurangzeb said that Yasin Malik has not been able to meet his daughter for the last eight years.
Among top Pakistani leaders, Prime Minister Shahbaz Sharif tweeted: “Today is a dark day for Indian democracy and its justice system. The Indian may imprison Yasin Malik physically but it can never imprison the idea of freedom he symbolizes. Life imprisonment for the brave freedom fighter will give new impetus to the right of self-determination of Kashmiris.
Former PM Imran Khan tweeted: “Strongly condemn the ongoing fascist strategy of the Modi government against Kashmiri leader Yasin Malik, ranging from his illegal imprisonment to his conviction on fake charges. The international community must act against the state terrorism of the Hindutva fascist Modi regime at IIOJK.
Pakistan’s Foreign Minister and PPP chief Bilawal Bhutto Zardari commented: “Strongly condemn the unjust punishment of Hurriyat leader Yasin Malik in a sham trial. India can never silence the voice of freedom and self-determination of Kashmiris. Pakistan stands with Kashmiri brothers and sisters, will continue to provide all possible help in their just struggle.
I think as per Yasin Malik’s track record of last 28 years, when he didn’t pick up gun and tried to join political system, he could have been dealt with lightly, and that too in terms of terror. funding.
But when I remember the martyrdom of our four brave IAF officers, Yasin Malik taking money from Lashkar mastermind Hafiz Saeed and inciting violence in the Valley, I feel Yasin Malik deserved imprisonment. Yasin Malik may not have picked up a gun personally, but he encouraged the Kashmiri youth to take up stones and guns to create havoc. He took donations from Pakistan and sent it to these youths. Such a crime can never be forgiven.
Popular Indian belief is that Yasin Malik deserves imprisonment. Mehbooba Mufti and her like may be speaking the language of Pakistan today, but it is certain that there can be no place for the language of Pakistan in India. India has changed now. Terrorists are not given any more leniency. Pakistan is being returned in its own coin.
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