Hindustan Times (Patiala)

Malik gets life in prison in terror funding case

- Richa Banka letters@hindustant­imes.com

NEW DELHI: A Delhi court on Wednesday sentenced Jammu & Kashmir Liberation Front (JKLF) chief Mohammad Yasin Malik to life imprisonme­nt for waging war against the State, saying that his crimes struck at the heart of the idea of India but holding that they didn’t fall under the “rarest of rare” category.

The National Investigat­ion Agency (NIA) demanded the death penalty for Malik, who pled guilty to his crimes on May 10, but the court took a more lenient view. Under Section 121 (waging war against the State) of the Indian Penal Code (IPC), the minimum punishment is life imprisonme­nt while the maximum is death.

NIA judge Praveen Singh said waging war against the State or abetting it was a serious crime, but the death penalty should be awarded in exceptiona­l cases where the crime shocks the collective consciousn­ess of the society and is committed with unmatched cruelty and in a gruesome manner.

“The manner of the commission of crime, the kind of weapons used in the crime lead me to a conclusion that the crime in question would fail the test of rarest of rare cases as laid down by the Supreme Court,” the judge said. NIA argued that the court should consider that Malik was responsibl­e for the genocide of Kashmiri Pandits, but the judge rejected the argument. “I find that as this issue is neither before this court, nor has been adjudicate­d upon and thus the court cannot allow itself to be swayed by this argument,” the court said in its 20-page order.

The court awarded Malik life imprisonme­nt under Section 121 of the IPC and Section 17 of the Unlawful Activities Prevention Act (UAPA) and imposed a fine of ₹10.65 lakh on the convict under various sections.

He was awarded 10 years’ rigorous imprisonme­nt under sections 120B IPC, 121A of the IPC and sections 15, 18 and 20 under UAPA. Additional­ly, he was also sentenced to five years imprisonme­nt for sections 38 and 39 of UAPA. All the sentences will run concurrent­ly.

“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 judge said.

1988-89: Yasin Malik takes to arms under JKLF for freedom of Jammu and Kashmir

August 1990: Malik arrested as commander-in-chief of JKLF; approached by many officials, civil society members, intellectu­als to shun violence during his four-year jail period May 1994: Malik released; announces unilateral ceasefire, which leads to split in the JKLF, but the two factions again merge in 2005

2000: PM Atal Bihari Vajpayee initiates Ramzan ceasefire and dialogue process; Malik lends support

2002: Malik starts a signature campaign for 'peaceful resolution of Kashmir issue'.

2006: Meets PM Manmohan Singh in Delhi and presents 1.5 million signatures of J&K people Feb 2009: Marries Pakistan-based artist Mushaal Mullick

2010: An all-party parliament­ary delegation visits Kashmir and meets Malik

Feb 2019: Malik gets arrested by NIA in terror-funding case 2019: TADA court in Jammu starts trial in the case of his alleged role in kidnapping of Rubaiya Sayeed, daughter of then Union minister Mufti Mohammad Sayeed in 1989, and killing of four IAF officials in 1990 March 2020: TADA court frames charges against Malik and six others in murder of four IAF officials

May 2022: Malik gets life imprisonme­nt in terror-funding case

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