February 5, 2025
By Iqra Manzoor
LAHORE
“Yasin Malik has been detained in Delhi’s Tihar Jail since February 22, 2019 and since then the Indian government has been attempting to secure a conviction against him, using fabricated and politically motivated charges,” comments Rafiq Dar, the chief spokesperson for the Jammu-Kashmir Liberation Front (JKLF). “The whole thing seems to be driven by a desire for retribution rather than justice.” Dar spoke to Voicepk in an exclusive interview about the incarceration of Yasin Malik, the chairperson of the JKLF – an organization known for the struggle of freedom for the Kashmiri people, from the tyranny of the Indian armed forces.
Dar spoke to Voicepk in regard to Kashmir Solidarity Day, which is observed every February 5 in Pakistan – a day earmarked by the Pakistani government for people to express solidarity with the Kashmiri people, who are living under Indian occupation since 1947.
The situation is grave: journalists, human rights defenders and political activists in Indian-controlled Jammu and Kashmir are regularly subject to intimidation and coercion by the occupying Indian military. As the Kashmiri people face relentless oppression, brutality and violence, and are denied their right to freedom of expression, human rights activists across South Asia, including India, have continually decried these dire circumstances.
Yasin Malik’s arrest & imprisonment
Yasin Malik was arrested in 2019 by the Indian government, and was charged in two separate cases that dated back to 1989 and 1990. One involved the kidnapping of Rubaiya Sayeed, daughter of former Union Minister Mufti Mohammad Sayeed, while the other pertained to a shootout in Srinagar that resulted in the killing of four Indian Air Force (IAF) officers. Charges against him also include terror funding, with allegations that he received funds to cause unrest in the Kashmir Valley.
But Malik’s lawyers argue that the charges are invalid, as he and his accomplices were armed rebels who had declared a unilateral ceasefire in 1994. Despite this, the cases are being pursued in a Terrorist and Disruptive Activities (Prevention) Act (TADA) court in Jammu by the Central Bureau of Investigation (CBI).
The Jammu and Kashmir High Court had initially stayed the proceedings in 1995, but lifted the stay in 2019, allowing the cases to move forward. Malik was convicted and sentenced to life imprisonment by a court in Delhi in 2022.
Malik was also convicted in a separate case in 2022 and sentenced to two life sentences and five counts of 10 years rigorous imprisonment, all to be served concurrently His sentencing was widely condemned by Pakistan, which described it as a “sham trial”. But there were those on the other side of the border who also criticized the move. In an investigative article, The Controversial Pursuit of a Death Sentence for Yasin Malik, author Prem Shankar Jha points out the flaws in Yasin’s ongoing trials as well as how the evidence has been compromised.
“Yasin Malik is a beloved leader. Initially he was handed a life sentence, but for the past year, Indian authorities have been pursuing a death sentence against him,” laments Dar and goes on to describe the travails of the leader behind bars. “His life hangs in the balance as he continues to battle severe health issues, including heart and kidney problems, and significant weight loss. But despite court orders, Indian authorities have failed to provide him with adequate medical attention, sparking concerns about his well-being and safety.”
Yasin Malik’s supporters have urged the international community, human rights organizations, and global powers to intervene and save the life of the ailing Kashmiri separatist leader, who is languishing in an Indian prison despite his deteriorating health.