Faridullah Farid
The Author is Media Scholar and Freelance journalist
"If seeking azadi (liberation) is a crime, then I am willing to accept this crime and its
consequences," Yasin Malik, the brave Kashmiri leader, said before an Indian court
judge while rejecting terrorism, illegal fund raising, criminal conspiracy and sedition
charges brought against him by the National Investigation Agency (NIA) and stressing
that all these charges are concocted, fabricated and politically motivated.
Though Yasin Malik protested all charges against him by stating that he was a "freedom
fighter," his conviction by an Indian court in a one-sided case following a "sham trial" in
a clearly dubious and motivated case carrying a maximum sentence of death or life
imprisonment is in violation of the Universal Declaration of Human Rights (UDHR) and
the International Covenant on Civil and Political Rights (ICCPR).
Yasin Malik's inhumane detention in the infamous Tihar jail, his sham trial in fabricated
crimes, erroneous conviction and malfeasance also represent attempts by the Indian
government to defile the legitimate fight of Kashmiris for their right to self-determination
as 'terrorism.' All of this demonstrated India's record of human rights violations and
usurpation of Kashmiris' fundamental rights.
The renewed zeal with which prosecutions against Kashmiri leaders are being pursued
exposes India's malicious plans to erode IIOJK's unique political and cultural identity
(Indian illegally occupied Jammu and Kashmir). The conviction of Yasin Malik, as well
as the "motivated cases" brought against other Kashmiri leaders, demonstrated the
wicked Indian drive to deprive Kashmiris of legitimate leadership.
In 1989, an armed revolt in IIOJK erupted, with combatants demanding independence
for Kashmir or a union with Pakistan. In 1994, the Jammu and Kashmir Liberation Front,
commanded by Yasin Malik, ended its military insurgency in the disputed region. In
2019, the Indian government arrested Yasin Malik and banned the JKLF, the same year
that New Delhi invalidated Articles 370 and 35A, depriving the IIOJK of its special status
and enforcing the valley's long-standing curfew. Despite his chronic illnesses and
deteriorating health, the Indian government imprisoned Yasin Malik in the infamous
'Tihar Jail' and subjected him to severe punishment.
India has used such techniques against Kashmiri leadership in the past, but the desire
for freedom has never been crushed because the valiant Kashmiris have always taken
pride in standing up for their intrinsic right to freedom and self-determination.
The Indian court's ruling against Yasin Malik has sparked massive outrage and protests
by Kashmiris around the world, which are expected to spread to all major capitals. The
Kashmiri diaspora in the United Kingdom opposed Yasin Malik's conviction, stating that
the struggle for liberation against Indian occupation is morally correct, lawful, and
authentic, as backed by international law and UN resolutions.
Fahim Kiyani, President of 'Tehreek-e-Kashmir UK,' while addressing a protest
demonstration in Birmingham to express solidarity with Yasin Malik and all political
prisoners said that "The court ruling against Yasin Malik is a vindication of our stand that
the Indian judiciary is part of India's immoral military regime that illegally occupies
Jammu and Kashmir. IIOJK was never a part of India and never will be, therefore these
trials are a slap in the face of India's judiciary, military, and civil apparatus, as well as its
civil society."
In this hour of need, when the Indian government and judiciary are adamant on
convicting and sentencing a true leader and genuine representative of the Kashmiri
people, Pakistan stood firm and not only condemned Yasin Malik's conviction in the
"strongest possible terms," but also issued a demarche to the Indian charge d'affaires
conveying Pakistan's grave concern over the framing of fabricated charges against
Malik and other Kashmiri leaders to suppress their voices.
Though India accuses Pakistan of equipping and training Kashmiri freedom fighters to
combat Indian forces, this claim is unfounded because Pakistan only offers Kashmiri
people with political, moral, and diplomatic support. After the internationalisation of the
Kashmir conflict, it is now common knowledge around the world that the struggle for
self-determination in IIOJK is indigenous and unaffected by the Indian government's
draconian strong-arm methods. The statements and determinations of Kashmiri leaders
urging the international community to intervene immediately in India to save the
international system, which is being flagrantly violated by India, show Kashmiris' firm
resolve that nothing and no power can change their minds, and they are determined to
stand up and push India out of their homeland (IIOJK).
If an Indian court judge announces Yasin Malik's punishment on May 25, it will be the
final nail in India's coffin. India must listen to the legitimate voices of Kashmiri leaders,
Pakistan, and international human rights organisations to stop victimising authentic
representatives of the Kashmiri people via inhumane detentions and fabricated charges.
It is high time for the world community to convince India to remove all false charges
against Yasin Malik, assure his safety and well-being, and give him with full legal
protection and the right to a fair trial. Furthermore, the international community must
press India to release all political prisoners held on spurious charges, end human rights
violations in IIOJK, lift the brutal military siege, and allow Kashmiris to exercise their
right to self-determination in accordance with their wishes and relevant UN resolutions.
