A Delhi court on Thursday convicted Kashmiri separatist leader Yasin Malik in a terror funding case. .The Court found him guilty of offences under the Unlawful Activities Prevention Act (UAPA) and for offences of conspiracy and sedition under the Indian Penal Code. The hearing on quantum of sentence will take place on May 25. The National Investigation Agency will have to assess Malik's financial situation for the same. The Court also directed Malik to furnish an affidavit regarding his financial assets by the next date of hearing. .The order observed that after considering the “gravity of offences” and given that Malik had no legal assistance — he even argued on charge by himself — time go over his options was needed to be given to him besides assistance from an amicus curiae."Today, again the court has inquired from the accused whether he wants to re-think over his plea and he has stated that he had taken a well thought decision and that twice, the amicus curiae had met in jail and explained to him the consequences of his decision and still, he stands by his decision to plead guilty," the Court said..The amicus curiae was stated to have visited the accused in jail to have legal consolation 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 noted that Malik had voluntary and after due legal consultation, meaning thereby after fully, knowing the consequences of his plea, pleaded guilty to the charges framed against him. "His plea is accordingly accepted," it said.It, therefore, held, "In view of the plea of the guilt, accused Mohd Yahin Malik is hereby convicted for the offence punishable 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.".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.The Court had also noted then that Malik had set up an elaborate mechanism across the world to raise funds for carrying out terrorist and other unlawful activities in Jammu and Kashmir.He indulged in criminal conspiracy pursuant to which large-scale protests, resulting in violence and arson at a massive scale, were orchestrated, the Court had said. Malik had pleaded guilty after the charge order. .[Read Order]
A Delhi court on Thursday convicted Kashmiri separatist leader Yasin Malik in a terror funding case. .The Court found him guilty of offences under the Unlawful Activities Prevention Act (UAPA) and for offences of conspiracy and sedition under the Indian Penal Code. The hearing on quantum of sentence will take place on May 25. The National Investigation Agency will have to assess Malik's financial situation for the same. The Court also directed Malik to furnish an affidavit regarding his financial assets by the next date of hearing. .The order observed that after considering the “gravity of offences” and given that Malik had no legal assistance — he even argued on charge by himself — time go over his options was needed to be given to him besides assistance from an amicus curiae."Today, again the court has inquired from the accused whether he wants to re-think over his plea and he has stated that he had taken a well thought decision and that twice, the amicus curiae had met in jail and explained to him the consequences of his decision and still, he stands by his decision to plead guilty," the Court said..The amicus curiae was stated to have visited the accused in jail to have legal consolation 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 noted that Malik had voluntary and after due legal consultation, meaning thereby after fully, knowing the consequences of his plea, pleaded guilty to the charges framed against him. "His plea is accordingly accepted," it said.It, therefore, held, "In view of the plea of the guilt, accused Mohd Yahin Malik is hereby convicted for the offence punishable 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.".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.The Court had also noted then that Malik had set up an elaborate mechanism across the world to raise funds for carrying out terrorist and other unlawful activities in Jammu and Kashmir.He indulged in criminal conspiracy pursuant to which large-scale protests, resulting in violence and arson at a massive scale, were orchestrated, the Court had said. Malik had pleaded guilty after the charge order. .[Read Order]
