Statement by Kashmir Peace Forum International
Case of Yasin Malik
Dated: 1st August 2023
An urgent press conference was convened by Kashmir Peace Forum International.
Barrister Karamat Hussain Choudhary, President of Kashmir Peace Forum International, along with General Secretary Raja Basharat Saleem, Barrister Mohammed Hafeez, Ch Khadam Hussain, Ch Shahnawaz, Ch Zaffar, Sajid Yousaf, and Qadeer Ahmed, shared their views with local electronic and print media representatives.
They stated that Yasin Malik is currently serving a life sentence in India for alleged terrorism charges. The court has been asked to hear an application to impose the death penalty. The case of Yasin Malik has never been tried in the Magistrates, High Court, or the Supreme Court of India.
The Indian authorities set up a special panel known as the National Investigation Bureau (NIA) to investigate the evidence against Yasin Malik. The NIA investigated the case, prosecuted it, and conducted the trial behind closed doors. Mr. Malik was not represented during these proceedings, and despite his desperate plea of innocence, the NIA Panel concluded that Mr. Malik has pleaded guilty to all charges, avoiding the need to test any evidence.
The maximum sentence available to the NIA Panel following a guilty plea was life imprisonment. The panel duly imposed a life sentence, which Mr. Malik began to serve.
However, on 26th May 2023, the NIA made an unusual application to the High Court of India, inviting the court to consider changing the life imprisonment to that of a death penalty. The High Court had never heard any evidence relating to the case of Yasin Malik, as he was tried away from their jurisdiction (tried by the NIA). Despite the case not coming from the Criminal Courts, the High Court surprisingly accepted jurisdiction and offered the NIA a full hearing on 29th May 2023 (3 days after the application).
Mr. Malik was not produced or represented at this significant hearing. The court heard from the Solicitor General and agreed to accept the case and consider changing the sentence from life to death.
The writing is obvious and ‘plastered on the wall’ – Mr. Malik is about to receive a death penalty for offenses he has denied and have never been tried before a court. The NIA and now the Supreme Court of India are preparing to make history by imposing a death penalty, bypassing Yasin Malik’s constitutional right to a fair trial.
The Supreme Court should either have refused jurisdiction, as the evidence was never tried before a Criminal Court, or at the very least accepted jurisdiction with a right to hear the full trial with evidence before considering imposing a death penalty.
The International Community, including the British Government, United Nations, International Courts of Human Rights, and Amnesty International, are urged to take note and intervene urgently to ensure that India allows Yasin Malik his constitutional right to a fair trial and a right to life. Mr. Malik’s only crime appears to be his fight for the right to self-determination for the Kashmiri people, as per the United Nations Resolutions.
