New Delhi. The National Investigation Agency (NIA) has filed a petition in the Delhi High Court seeking the death penalty for Yasin Malik, convicted in a murder and terror funding case. A bench headed by Justice Siddharth Mridul will hear the petition on May 29.
The NIA has said that the decision not to give death sentence to Yasin Malik on the ground that he has confessed to his crime raises questions about the policy of sentencing. A terrorist who has waged war against the country has chosen the path of confession to escape the gallows.
On 25 May 2022, the Patiala House Court sentenced Yasin Malik to life imprisonment, convicted in the murder and terror funding case. 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 his crime on 10 May 2022. On March 16, 2022, the court ordered Hafiz Saeed, Syed Salahuddin, Yasin Malik, Shabbir Shah and Masarat Alam, Rashid Engineer, Zahoor Ahmed Watali, Bitta Karate, Aftaf Ahmed Shah, Avtar Ahmed Shah, Naeem Khan, Bashir Ahmed Butt alias Peer Saifullah and others. Ordered framing of charges against the accused. According to the NIA, organizations like Lashkar-e-Toiba, Hizbul Mujahideen, JKLF, Jaish-e-Mohammed in collaboration with 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 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. After receiving information about this from the Ministry of Home Affairs, the NIA had registered a case under sections 120B, 121, 121A of the Indian Penal Code and sections 13, 16, 17, 18, 20, 38, 39 and 40 of the UAPA.
