NIA Seeking Capital Punishment for Yaseen Malik!

On Friday, the National Investigation Agency, NIA approached Delhi High Court, pursuing a death penalty for Yaseen Malik. On 29th May National Investigation Agency’s plea will be heard in front of a bench of Justice Siddharth Mrudul and Talwant Singh. Yaseen Malik is a 56-year-old Kashmiri leader born in Kashmir who was sentenced to a lifetime by a trial court. Yaseen was found guilty of a terror funding case around a year ago.

The national investigation agency had also demanded capital punishment for the The JKLF leader before the trial court. Nevertheless, the court refused the sentence, stating the death penalty is reserved for cases “where the crime by its nature shocks the collective consciousness of the society.”

NIA asking Capital Punishment for Yaseen Malik

NIA alleges Malik has deceived the favourable motives of the government by preferring a violent path. In their petition to support their plea for reinforcing Malik’s punishment, NIA stated that “Yaseen Malik” should be given capital punishment if he pleaded guilty, or else there would be a complete deterioration of the sentencing system. This method would also provide militants with a scheme out of capital punishment.

Capital punishment for Yaseen Malik
Capital punishment for Yaseen Malik

In addition, NIA also believes a life sentence does not correspond with the crimes committed by militant Yaseen Malik, especially when families of soldiers and the Nation have endured the loss of loved ones. It also outlined Malik’s connection to foreign militant agents to strategise, establish and implement upheaval in the valley to unsettle the Nation. By strategically burning schools damaging public property, stone-pelting security forces, and putting up a war against India.

Yaseen Malik Story So Far

Meanwhile, Yaseen Malik had told the court he had given up arms in the 1990s, the week he was convicted. The statement was released by the JKLF, calling the charges “ fabricated and politically motivated.” Malik also told the court that he had followed the principles of M.K. Gandhi; after giving up arms, he was following non-violent politics in Kashmir. The prosecutor had challenged the Indian intelligence agencies to prove that he had been involved in any insurgent activity since then.

Malik was fighting for the liberation of Jammu & Kashmir from India and Pakistan, as both claimed the entire valley but controlled only parts of it. He was arrested shortly after his organisation JKLF was banned in 2019. Malik’s wife, Mishaal Hussain, said her husband could not speak for himself. She wrote on Twitter, “Verdict in minutes by Indian kangaroo courts,” saying he would never surrender.

Former Kashmir CM, Mehbooba Mufti opposing the demand of NIA for hanging Yaseen Malik, has written in her tweet that in a democracy like India, where even the assassin of a Prime Minister (Rajiv Gandhi) is pardoned, the case of a political prisoner like Yaseen Malik must be reviewed and reconsidered.

The Wait for the Verdict

On May 24, The JKLF (Jammu Kashmir Liberation Front) chief was held guilty of several offences by the Supreme Court under the Anti-terror law-Unlawful Activities (Prevention) Act (UAPA)and the IPC. Malik refused to accept a government-appointed lawyer or to be his defendant. Instead, he pleaded guilty to charges, including the ones under UAPA.

Life term was granted for two offences, section 121 (waging war against the Government of India) of IPC and section 17( raising funds for the terrorist act) of the UAPA. Further, The supreme Court punished Malik with a 10-year jail time each under Section 120 B (criminal conspiracy) 121 – A (conspiracy to wage war against the Government of India) of IPC and Sections 15 (terrorism), 18 (conspiracy for terrorism) and 20 (being member of terror organisation) of UAPA.

A five-year jail time under section 13(unlawful act), 38 (offence related to membership of terrorism) and 39( support given to terrorism) of UAPA was also charged by the court. JKLF was the valley’s first equipped freedom-fighting group, led by Yaseen Malik. JKLF endorsed an independent and unanimous Kashmir.

The Supreme Court has also framed charges against many Kashmiri separate leaders, some of them including:

Farooq Ahmed Dar, Shabir Shah, Masrat Alam, Aftab Ahmed Shah, MD Yousuf Shah, Naeem Khan, MD Akbar Khande, Raja Mehrajuddin Kalwal, Zahoor Ahmed Shah, Basheer Ahmed Bhat, Shabir Ahmad Shah, Abdul Rashid Shaikh and Naval Kishore Kapoor.

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