Kashmiri Separatist Leader Yasin Malik Convicted In J&K Terror Funding Case After He Pleads Guilty

A Special NIA Court in Delhi on Thursday convicted Kashmiri separatist leader Yasin Malik, after he pleaded guilty in connection with Jammu & Kashmir terror funding case.

The arguments on quantum of sentence will be heard on May 25.

The Court has sought an affidavit from Malik regarding his financial assets. Meanwhile, National Investigation Agency (NIA) has also been asked to submit a report regarding his financial assessment.

The development came after Special NIA Judge Praveen Singh had framed charges against Malik and others under Unlawful Activities Prevention Act (UAPA) in the case, in March this year.

However, Malik had pleaded guilty to the said charges.

Others who were charged and claimed trial are Hafiz Muhammad Saeed, Shabbir Ahmad Shah, Hizbul Mujahideen Chief Salahuddin, Rashid Engineer, Zahoor Ahmad Shah Watali, Shahid-ul-Islam, Altaf Ahmad Shah @ Fantoosh, Nayeem Khan, Farooq Ahmad Dar @ Bitta Karate and others.

However, the Court had discharged three namely Kamran Yusuf, Javed Ahmad Bhatt and SyedahAasiya Firdous Andrabi.

According to the chargesheet, various terrorist organizations such as Lashkar-e-Toiba(LeT), Hizb-ul-Mujahiddin (HM), Jammu and Kashmir Liberation Front (JKLF), Jaish-e- Mohd. (JeM), with the support of ISI had perpetrated violence in the Kashmir valley by attacking civilians and security forces.

It was alleged that funds were collected domestically and abroad through various illegal channels including hawala for funding separatist and terrorist activities in J&K and as such the accused had entered into a larger conspiracy for causing disruption in the valley by way of pelting stones on security forces, systematically burning of schools, damage to public property and waging war against India.

It was further alleged that in the year 1993, All Parties Hurriyat Conference (APHC) was formed to give political front to the secessionist activities.

Accordingly, the Ministry of Home Affairs vide order dated May 30, 2017 directed the NIA to register a case. The case was thus registered for offences under sec. 120B, 121, 121A of IPC and sec. 13, 16, 17, 18, 20, 38, 39 and 40 of UAPA.

While framing charges, considering the material on record, the Court was of the view that the statements of witnesses and documentary evidence had connected the accused persons with each other and to a common object of secession, their close association to terrorist or terrorist organizations "under the guiding hand and funding of Pakistani establishment."

The Court had added that there was an "orchestra conspiracy" committed by the accused persons in the matter as in such conspiracy, each player has its own instrument to play but sharing the same stage, every player or member of the orchestra knows the other player and the role the other person has to play.

Case Title: NIA v. Hafiz Muhammad Saeed & Ors.