Yasin Malik's Claim Of 'Working Relationship' With Bureaucrats Aimed To Elicit Public Sympathy; Has No Bearing On Guilt: NIA To Delhi High Court

The National Investigation Agency (NIA) has told the Delhi High Court that Kashmiri separatist leader Yasin Malik's mention of senior politicians and bureaucrats in his response to agency's plea seeking death penalty for him is only for public sympathy and has no bearing to his crime.

For context, Malik had claimed that he had "working relationship" with six consecutive governments since 1990, headed by then Prime Ministers VP Singh, Chandra Shekhar, PV Narsimha Rao, HG Devagauda, Inder Kumar Gujral, Atal Bihari Vajpayee and Manmohan Singh.

Yasin claimed he was engaged for dialog on issues pertaining to Kashmir and regional stability, security, progress and peace. "I was actively roped in time and again by the said governments in power and was actively persuaded to speak on international platforms," he said.

Denying the said averments, NIA has said:

“Rest of the matters related to taking names of Senior Politicians, Media personnel, foreign delegates and Bureaucrats is only for the sake of gaining popularity and to draw sympathy of the public and has no bearing with the merit of the instant case.”

The NIA added that Yasin was well connected with multiple terrorist organizations and with supporters of the terrorist organization LeT. "The mere mention of names of Government officers does not absolve the accused, Yasin Malik, from the offences for which he was charged and convicted. The said averments are, therefore, denied and hereby attract no reply,” the NIA has said.

Further, the agency has said that mere mention of names of senior politicians and senior bureaucrats does not negate the fact that Yasin Malik had linkages with militant Hafiz Saeed and other militants.

It has added that Yasin Malik was in contact with the top leadership of Pakistan, including the Prime Minister, the President, senators of the Pakistani Senate, and the Chief Ministers of all provinces, and was using the contacts to propagate narratives against India and to further the secessionist agenda in Jammu & Kashmir.

As per the agency, Malik has been afforded ample opportunity to raise such objections at the time of framing of charges against him and prior to the passing of the order on his conviction.

“Since he did not raise any objections during that period and is now doing so after nearly three years, such claims are not admissible in the eyes of law,” NIA has said.

It has added that the explanations provided by Malik do not merit any reply as they are not based on any evidence but rather constitute a personal narration of his experiences during the court proceedings. These explanations primarily reflect an emotional discharge by the accused, the rejoinder says.

Yasin Malik was awarded life sentence in the case by the trial court in May 2022 for terror funding and conspiring to wage war against India. He had pleaded guilty in the case and did not contest the charges against him. NIA had then filed an appeal before the High Court seeking death penalty for him.

During the hearing today, SPP Akshai Malik appearing for NIA told a division bench headed by Justice Navin Chawla that the rejoinder affidavit has been filed by the agency.

While taking the same on record, the Court directed that the rejoinder be supplied to Malik, who was appearing from jail through VC.

The matter is now listed for hearing on July 21.

While awarding the respondent a life sentence, the Special Judge had observed that the crime failed the test of the rarest of rare cases as held by the Apex Court.

The judge had also rejected the respondent's submission that he had followed the Gandhian principle of non-violence and was spearheading a peaceful non-violent struggle.

The court had framed charges against Yasin Malik and various others under the Unlawful Activities Prevention Act (UAPA) in the case, in March 2022.

Others who were charged and claimed trial were 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 alias Bitta Karate.

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

Case Title: NIA v. Yasin Malik