Yasin Malik used contacts with Pak PM, President to promote Kashmir's secession: NIA to Delhi High Court

The National Investigation Agency (NIA) has told the Delhi High Court that Kashmiri separatist Yasin Malik was in contact with top leaders of Pakistan, including its Prime Minister and President, and used those contacts to propagate secession of Kashmir from India. 

On Malik’s arguments about several Indian Prime Ministers engaging him to resolve the Kashmir, the NIA said that the same do not have any bearing on the terror case against Malik and do not absolve him of his crimes.

“It is manifest that the accused, Yasin Malik, was in contact with the top leadership of Pakistan, including the Prime Minister, the President, senators of the Pakistani Senate, and the Chief Ministers of all provinces, and was using such contacts to propagate narratives against India and to further the secessionist agenda in Jammu & Kashmir,” the NIA said in its affidavit filed before the High Court.

As per the affidavit, Malik's claims about proximity to senior Indian politicians, foreign delegates, bureaucrats and media persons is for gaining popularity and drawing sympathy from the public. 

Mere mention of senior politicians and bureaucrats does not negate the fact that Malik had links with militants like Lashkar-e-Taiba’s Hafiz Saeed and Hizbul Mujahideen’s Syed Salahuddin, the agency contended.

“It is humbly submitted that the convict himself has admitted that he was the Commander-in-Chief of JKLF [Jammu Kashmir Liberation Front]. Rest of the matters related to taking names of Senior Politicians, Media personnel, foreign delegates and Bureaucrats is only with a view of gaining popularity and to draw sympathy of the public and has no bearing to the merit of the instant case,” the NIA affidavit said. 

The rejoinder affidavit was filed in response to a detailed reply filed by Malik in NIA’s plea seeking the death penalty for him for funding terror. The trial court has sentenced Malik to life imprisonment.

Malik had earlier told the High Court that after his arrest in 1990, he was actively engaged by six consecutive governments headed by VP Singh to Manmohan Singh, to speak about the Kashmir cause and resolve the issue. 

He stated that he met Pakistan-based terrorist Hafiz Saeed and other militants in 2006 at the request of then Intelligence Bureau (IB) Special Director VK Joshi. 

He also recounted his engagement with former Prime Minister Atal Bihari Vajpayee’s government and meetings with the then Intelligence Bureau (IB) Special Director Ajit Doval. 

He said Doval visited him in jail in the early 2000s and broke the news of his release.

The NIA has now said that mere mention of the names of government officials does not absolve Malik of the crimes for which he has been charged and convicted. 

As per NIA's affidavit,

“The said matters pertain to the accused’s personal communications with senior politicians and other forums of the Indian Government, which are within his exclusive knowledge, and appear to have been raised solely to elicit public sympathy."

The case was listed for hearing today before a bench of Justices Navin Chawla and Ravinder Dudeja. However, Malik stated that he had not received NIA’s rejoinder. 

The Court adjourned the matter to July for arguments on enhancement of the sentence. 

Special Public Prosecutor (SPP) Akshai Malik with advocate Khawar Saleem appeared for the NIA.

Yasin Malik is arguing his case in person.