THE Indian establishment seems determined to send veteran Kashmiri leader Yasin Malik to the gallows. The Jammu Kashmir Liberation Front head was convicted under the dreaded Unlawful Activities (Prevention) Act (UAPA) and sentenced by a trial court last year for allegedly raising funds to finance terrorism, and waging war against India. India’s National Investigation Agency had wanted Mr Malik to be given the death penalty, but the court disagreed, saying the charges did not merit capital punishment. Not satisfied with Mr Malik’s life term, the NIA has approached the Delhi High Court again seeking the death penalty — a punishment this paper opposes on grounds of principle — for the JKLF chief. The case will be taken up on Monday.

It is hoped that better sense prevails and the petition calling for Mr Malik’s capital punishment is thrown out. Mr Malik’s conviction reeks of political vengeance, and the calls for his hanging reflect a desire by India’s rulers to send a chilling message to all those raising a voice for occupied Kashmir. It should be recalled that Mr Malik gave up the armed struggle in the mid-1990s, and since then has been leading a non-violent struggle for the liberation of his homeland. The charges against him in this case are farcical. They include “pelting stones [at] security forces … burning of schools, damage to public property” and the more serious charge of waging war against India. It should be mentioned that leading human rights groups, such as Amnesty International, Human Rights Watch, etc, have termed UAPA a “draconian” law, with AI pointing out that parts of the legislation “do not meet international human rights standards”. Sending a man to his death under such flimsy charges, convicted under such a dubious law, is a travesty of justice. Even loyalist Kashmiri politicians such as Mehbooba Mufti have opposed the death sentence for Yasin Malik. The judiciary should throw out the questionable case.

Published in Dawn, May 28th, 2023