New Delhi, Apr 22: The National Investigation Agency (NIA) has told the Delhi High Court that jailed separatist Yasin Malik was in touch with Pakistan’s top leadership and used those links to push for the secession of Jammu and Kashmir from India.
In a rejoinder filed in its appeal seeking death penalty for Malik, the agency said his claims of having interacted with several former Indian Prime Ministers were irrelevant to the terror case and did not absolve him of criminal liability.
The submissions were noted by a division bench headed by Justice Navin Chawla after Special Public Prosecutor Akshai Malik informed the court that the rejoinder had been filed. The bench directed that a copy be supplied to Malik, who appeared through video conferencing from jail, and posted the matter for hearing on July 21.
In its affidavit, the NIA said Malik’s references to political leaders and public figures were aimed at generating sympathy and had no bearing on the charges against him.
It said naming prominent personalities or claiming engagement with governments could not dilute the seriousness of the offences established during trial.
The agency also countered Malik’s assertion that he had “working relationships” with successive governments led by former prime ministers, including V P Singh, Chandra Shekhar, P V Narasimha Rao, H D Deve Gowda, I K Gujral, Atal Bihari Vajpayee and Manmohan Singh, stating that such claims were inconsequential to the case.
According to the NIA, its probe had revealed a larger conspiracy involving separatist leaders and banned outfits such as Hizb-ul-Mujahideen and Lashkar-e-Taiba to wage war against the Government of India and raise funds through illegal channels, including hawala, for terror activities in Jammu and Kashmir.
It alleged that Malik, who headed a faction of the JKLF, played a role in promoting separatist ideology, maintaining links with militant groups and supporting unlawful activities.
Malik was arrested in April 2019 and later chargesheeted under various provisions of the IPC and the Unlawful Activities (Prevention) Act. He pleaded guilty before the trial court and was convicted on all counts.
The NIA said Malik was currently serving life imprisonment along with a fine and argued that parts of his response consisted of personal narratives and political commentary that were not relevant to adjudication of the case.
It also said issues settled during trial could not be reopened at this stage.
While sentencing Malik to life imprisonment, the special NIA court had held that the case did not fall in the “rarest of rare” category warranting death penalty and rejected his claim of following non-violence. The High Court will examine the agency’s plea for enhancement of sentence on the next date of hearing. (KNO)
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