Demanding death penalty for Yasin Malik
ON May 26, 2023, Indian Government demanded death penalty for jailed Malik through its notorious National Investigation Agency (NIA). Yasin Malik is a prominent Hurriyat leader of Indian Illegal Occupied Jammu and Kashmir (IIOJK). He is undergoing life imprisonment in infamous Tihar Jail of India since many years. The Delhi High Court issued a notice to Malik on NIA’s death penalty plea. In his argument, Solicitor General Mr.Tushar Mehta demanded Delhi High Court that, “Malik indulged in terrorist and secessionist activities and should be awarded death penalty by treating the matter as a ‘rarest of rare’ case.” Mr Tushar compared YasinMalik with Osma Bin Ladan hence must be treated severely. He further argued that, if such dreaded terrorists are not given capital punishment than, there will be erosion of the sentencing policyand terrorists will find a way out.
The jailed Kashmiri leader, Mohammed Yasin Malik was convicted by an Indian court on the terrorism related charges in 2022 and awarded life imprisonment. Mr Malik has been struggling against Indian rule in IIOJK ever since the start of Kashmiri’s freedom movement in 1990. He has been active freedom fighter against Indian invasion and aggressions over Kashmiris until 1994. Thereafter he resorted to political struggle for the right of self-determination of Kashmiris. During his struggle for the right of self-determination of Kashmiris, Mr Malik was arrested many a time. Indeed, he contested the IIOJK Legislative Assembly elections in 1987, but lost, since theelections were massively rigged by Indian authorities. It is said that, 1987 Legislative Assembly (LA) election in IIOJK became a reason for Kashmiri uprisings and popular demand for freedom from India. Whereas rigging of elections in IIOJK has been a practice ever since 1950s.
It is said that, while Yasin Malik was in jail, Indian authorities constantly torture him with the intent to convert his loyalties from resistance movement to pro India stance. He was offered key position in IIOJK or India, if he gives up the struggle. Nevertheless, this brave son of Kashmir refused and rejected all Indian offers. Failure to convince him, Indian Government decided to try him on various terrorism related charges which are baseless, fake and victimization. Kashmir and Kashmiris are being terrorized by India since last over three decades. It’s Indian security forces which have been terrorizing the Kashmiris to end their demand for their right of self-determination. Until now, India has killed over 100,000 Kashmiris through various means; direct firing, custodial killing, fake encounter, torture to death and genocide of youth. Yasin Malik has been highlighting the Indian brutalities to international community which was constantly exposing Indian human rights violations to international community. Besides, India had bigger plans about IIOJK to implement in the year 2019. In order to implement that plan, India stage-managed an event of terrorism in the Pulwama area of IIOJK on February 14, 2019. Pulwama attack killed over forty soldiers of Central Reserve Police Force (CRPF), travelling from Jammu to Srinagar. From its planning to execution, India wanted to achieve a political and strategic mileage from the Pulwama attack. Politically, India wanted to tell the world that, whatever is happening in IIOJK, Pakistan and Pakistani backed organizations are behind those. The long-term objectives included what later transpired in the form of undoing the special status of the state of Jammu and Kashmir by annexing it illegally.
After Pulwama attack, “Yasin Malik was the first to be arrested” by Indian security forces from his Maisuma residence in Srinagar. Later, thousands of Kashmiris were arrested, killed and tortured before Indian announced undoing the statehood of IIOJK on August 5, 2019.While Mr Malik was purely leading the Kashmir Movement on political grounds, therefore levelling terrorism related charges against him is highly unjust and discriminatory. As per Indian media, Malik has been charged with “terrorist acts, illegally raising funds, being a member of a “terrorist organisation”, criminal conspiracy, and sedition.”On his part, Malik denied and protested the charges and said; “Terrorism-related charges levelled against me are concocted, fabricated and politically motivated. If seeking Azadi (freedom) is a crime, then I am ready to accept this crime and its consequences.”
There has been systematickilling of the Kashmiri leadership of IIOJK ever since 1990. MirwaizMoulvi Muhammad Farooq was killed by Indian forces in a covert operation in May 1990, during the initial days of the Kashmiri movement against India. Since he was a religious and political personality having influence over bulk of Kashmiri masses, thus eliminated soon after the start of uprisings against India. From Mirwaiz Muhammad Farooq to Mohammad Ashraf Sehrai and Ali Shah Gillanihundreds of Kashmiri leaders were killed and tortured by Indian security forces. Mohammad Afzal Guru, an innocent Kashmiri freedom fighter was politically murdered by Indian Supreme Court in February 2013. Besides, India is undertaking the well planned campaign for the genocide of Kashmiri youth ever since the martyrdom of BurhanWani in 2016.
One after the other, India is eliminating the prominent Kashmiri leadership of Indian occupied parts of the Jammu and Kashmir. This is being done with futuristic planning to deprive Kashmiris of IIOJK from their genuine leadership who struggle against Indian occupation and aggression. With a foresight and spirit of freedom from Indian yoke, Yasin Malik has a vision and acceptability among the Kashmiris masses which India can ill afford.Indian Government under Modi is incriminating him on various baseless charges for the award of capital punishment. It is high time that international community and human rights organisations must raise their voices and pressurise New Delhi to stop persecution of Yasin Malik. Pakistan must reach over to UN and other international forums for the immediate release Mr Malik and many other jailed Kashmiri leaders from Indian persecution and illegal trials.
— The writer is Professor of Politics and IR at International Islamic University, Islamabad.
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