Powered by
Sponsored by

Will Yasin Malik, 9 others accused in the Rubaiya Sayeed kidnapping case be convicted?

A special TADA court on Monday framed charges against 10 accused, including Malik

Jammu and Kashmir Liberation Front (JKLF) Chairman Muhammad Yasin Malik. (File Photo: IANS/PIB) Yasin Malik | PTI

With the filing of charge-sheet against separatist Jammu and Kashmir Liberation Front (JKLF) leader Yasin Malik and nine others by a special Terrorist And Disruptive Activities (TADA) court in the 1990 kidnapping of Rubaiya Sayeed, daughter of then Union home minister Mufti Muhammad Sayyed, the chances of the accused being convicted in more than the three-decade-old case have increased manifold. 

The development is another serious setback to separatists in Jammu and Kashmir who have been at the receiving end of the BJP’s hardline policy towards separatism in the Union territory.

In April 2019, Malik was arrested by the NIA in connection with a terror-funding case. The development happened a month after JKLF was banned by the Centre.

In March last year, the TADA court in Jammu had also framed charges against the JKLC chief and six others in the killing of four IAF personnel on the outskirts of Srinagar in 1990.

The JKLF was a dominant militant group in the 90s and commanded huge influence in Kashmir. 

Apart from Malik, the nine others include Ali Muhammad Mir, Muhammad Zaman Mir,  Iqbal Ahmed Gandroo, Manzoor Ahmed Sofi, Wajahat Bashir, Mehrajuddin Sheikh, Javid Ahmed Mir and Showkat Ahmed Bakshi. The 10 were named by the CBI in its charge-sheet filed before the TADA court. There are 12 others who are also involved in the case. Two of them are dead and the rest are absconding.

Rubaiya was kidnapped by the JKLF on December 8 and released after the Farooq Abdullah-led government agreed to free five JKLF members from jail.

The kidnapping of Rubaiya and the swapping of JKLF members in exchange for her release is considered a watershed moment in Kashmir militancy as it inspired hundreds of youth to join militancy. It also saw massive outpour of support for militancy.

“ I am of the considered view that sufficient grounds are existing for drawing prima facie presumption that the accused persons Malik, Ali Muhammad Mir, Iqbal Ahmed Ganndroo, Manzoor Ahmed Sofi, Mehrajuddin Sheikh and Rafiq Ahmed Pahloo have committed a criminal conspiracy under sections 364/368/120-B RPC. 3/4 TADA act and 27 IA,’’ the special judge said. “Whereas Javid Ahmed Mir, Muhammad Zaman Mir, Wajahat Bashir, and Showkat Bakshi have committed offences under sections 120-B read with sections 368 RPC ans section 3/4 of TADA act."

Hence, the court said, the charges are required to be framed against each of the accused.

During the investigations, Ali and Zaman had made confessional statements under section 164 CrPC before the concerned magistrate and had disclosed the roles of the other accused in the offence, the court said.  

It said Iqbal also made a confessional statement and admitted his role in the office. Other accused namely  Rafiq Pahloo, Wajahat Bashir, Manzoor Ahmed Sofi and Showkat Bakshi had also made confessional statements. The court said confessional statements can also be used against JKLF chief, Javid Mir and Mejrauddin Sheikh.

The framing of the charge-sheet is an indication that attempts by the defence counsel to seek some reprieve for the accused from the court is highly unlikely.

Malik who was arrested in 1992 was released in 1995. His release is said to have been made possible after hectic backdoor communications between him and the officials from the Centre, including former bureaucrat Wajahat Habibullah and noted journalist and ambassador Kuldeep Nayar. It is said Malik was released after he agreed to renounce the path of militancy. Soon after his release from jail, Malik announced a ceasefire. 

The move was welcomed by the Centre, but bitterly opposed by militant groups in Pakistan, especially the united jihad council of which the JKLF was a member. The JKLF, initially supported by Pakistan, fell out of favour with the ISI as Pakistan wanted groups loyal to the country to take lead in militant operations in Kashmir.

The JKLF was denied weapons and training also in Pakistan for the same reason.  

Malik was persuaded by the Centre to give up arms in lieu of peaceful struggle. The Centre had also agreed not to pursue criminal cases against JKLF. The groups suffered several splits after 1995, but Malik emerged as the most dominant leader representing JKLF. 

He also is considered as an important leader of the Joint Resistance Leadership, a coalition comprising him, Mirwiaz Umar Farooq and Syed Ali Shah Geelani. 

Malik’s Pakistani wife, Mushal Mullick, has emerged as the most vocal critic of India in Pakistan and internationally. She has been leading the campaign against human rights violations in Kashmir allegedly by security forces.

It remains to be seen how far the BJP will go in ensuring the closure of cases against the JKLF leaders and members involved in the Rubaiya kidnapping and killing of IAF officers. 

Many in Kashmir fear that the BJP could possibly deal with Malik the same way Congress dealt with Parliament attack convict Afzal Guru after the court pronounces its judgement.

📣 The Week is now on Telegram. Click here to join our channel (@TheWeekmagazine) and stay updated with the latest headlines