Reporting By: Amit Kashyap
Jammu Kashmir Liberation Front chief and Kashmiri separatist Yasin Malik was on Wednesday sentenced to life imprisonment by a Special National Investigation Agency (NIA) Court in Delhi in a terror funding case.
Special Judge Parveen Singh had on May 19 convicted Malik of offences under the Unlawful Activities Prevention Act (UAPA) and for offences of conspiracy and waging ware against India as provided in the the Indian Penal Code (IPC) after he pleaded guilty in the case.
The punishment handed down to Malik for various offences are as follows:
Section 121 IPC (waging war against Government of India) – Life imprisonment and ₹10,000 fine;
Section 120B IPC (criminal conspiracy) – 10 years imprisonment and ₹10,000 fine;
Section 121A IPC (conspiracy to commit offences punishable by section 121) – 10 years imprisonment and ₹10,000 fine;
Section 13 UAPA (punishment for unlawful activities) – 5 years imprisonment;
Section 15 UAPA (terrorist act) – 10 years imprisonment;
Section 17 UAPA (punishment for raising funds for terrorist act) – Life imprisonment and ₹10 lakh fine;
Section 18 UAPA (punishment for consipracy) – 10 years imprisonment and ₹10,000 fine;
Section 20 UAPA (punishment for being member of terrorist gang or organisation) – 10 years imprisonment and ₹10,000 fine;
Sections 38 (offence relating to membership of a terrorist organisation), 39 (offence relating to support given to a terrorist organisation) UAPA – 5 years imprisonment and ₹5,000 fine.
All the sentences will run concurrently.
The amicus curiae was stated to have visited the accused in jail to have legal consultation with him so that accused could be made aware of the maximum punishment, which could be awarded to him if he entered into the plea of guilt and that he could be made aware of the pros and cons of his plea.
Thereafter, too, Malik pleaded guilty to the charges framed against him.
The Court had noted that Malik had voluntarily and after due legal consultation, and full knowledge of the consequences, pleaded guilty to the charges framed against him.
“His plea is accordingly accepted,” the Court had said in its conviction order.
It had, therefore, convicted him of offences under Section 120B, 121, 121A of Indian Penal Code and Sections 13 and 15 of UAPA read with 120B of Indian Penal Code besides Sections 17, 18, 20, 38 and 39 of UAPA.
Earlier, the Court had framed charges in March after noting that it was prima facie established that Malik and Shabir Shah, Rashid Engineer, Altaf Fantoosh, Masrat and Hurriyat/Joint Resistance Leadership (JRL) were the direct recipients of terror funds.
***********
Judgements In Criminal Law 