JKLF Chief Yasin Malik Denies Role In 1990 Kashmiri Pandit Murder Case, Seeks Death Penalty & Announces Divorce

Srinagar: Imprisoned Jammu and Kashmir Liberation Front (JKLF) chief Mohammad Yasin Malik has filed a 25-page affidavit before a special TADA/POTA court in Srinagar, making the extraordinary request for capital punishment while simultaneously denying any involvement in the 1990 abduction and murder of Kashmiri Pandit nurse Sarla Bhat.

Malik, who is currently serving a life sentence in Delhi's Tihar Jail following a terror-funding conviction, informed the court that he has chosen not to contest the trial proceedings any further.

In the submission, he also announced his decision to divorce his Pakistani wife, Mushaal Hussein Malik.

The SIA Chargesheet & Decades-Old Allegations

The development follows a fresh chargesheet filed by the State Investigation Agency (SIA) of Jammu and Kashmir.

The 737-page filing names Malik, who served as JKLF's chief commander during the early phase of the Kashmir insurgency, and several others as key masterminds behind the April 19, 1990 killing of Sarla Bhat, a young nurse at SKIMS Soura.

Investigators allege that JKLF militants abducted Bhat under the suspicion that she was acting as an informer for security forces, subsequently killing her.

"I Was Bedridden and Unconscious"

In his affidavit submitted through his counsel, Malik termed the prosecution's allegations entirely baseless. He presented historical records to argue that at the time of the murder, he was fighting for his life following severe injuries sustained during a security raid on April 8, 1990.

"I allegedly directed the murder of Sarla Bhat on April 19, 1990. However, the historical record demonstrates that I had sustained life-threatening injuries on April 8, 1990, remained in a coma, and was widely reported to have died... It is therefore incomprehensible how a person who was unconscious and fighting for his own survival could have participated in or orchestrated the offence," Malik stated in the court document.

Malik also defended Sarla Bhat’s memory, explicitly rejecting claims that she was an intelligence operative. He described her as an "innocent civilian" as innocent as his own 13-year-old daughter.

Refusal to Contest and Demand for Death Penalty

Despite maintaining his innocence, Malik informed Additional Sessions Judge (TADA/POTA) that he would no longer participate in defence proceedings.

No Admission of Guilt: Malik emphasised that his decision not to contest should not be interpreted as an admission of guilt or an acceptance of the prosecution's charges.

Call for Execution: Citing personal reflection and what he described as political motivations behind the delayed chargesheet, Malik explicitly requested that the court award him capital punishment.

Concerns Over Due Process: He asserted that justice cannot be served by making an innocent person a substitute simply because authorities failed to prosecute the actual perpetrators 36 years ago.

Personal Note and Separation from Mushaal Malik

The 25-page affidavit also contained a personal note addressing his family. Malik revealed his intention to sever his marital union with his wife, Mushaal Malik, whom he married in 2009.

Noting the 20-year age difference between them, Malik wrote that he did not want her to carry the emotional and social burden of his imprisonment or live as a widow.

Invoking passages from Nelson Mandela's personal writings, he urged her to begin a new chapter with dignity.

Yasin Malik was arrested in 2019 and sentenced to life imprisonment in May 2022 by a special National Investigation Agency (NIA) court in a terror-funding case.

The NIA has separately filed an appeal before the Delhi High Court seeking an upgrade of that life sentence to the death penalty.

In addition to the Sarla Bhat case, Malik faces trial in connection with the 1990 killing of four Indian Air Force (IAF) personnel in Srinagar and the 1989 abduction of Rubaiya Sayeed.

The Srinagar TADA/POTA court has directed the prosecution to file its reply to Malik's affidavit. The matter is scheduled for further hearing on September 19.