E-Paper
NIA court frames money laundering charges against Yasin Malik, six others
The court had held that there was sufficient material to raise a “strong suspicion” against all seven accused for an offence under Section 3 of the PMLA
Prefer HTon Google
A special NIA court has ordered framing of money laundering charges against separatist leader Yasin Malik and six others in connection with accusations for allegedly routing Pakistani and foreign funds through Hawala channels to “finance secessionist activities in Jammu and Kashmir”.
In an order passed on September 9 and made available on Thursday, the court had held that there was sufficient material to raise a “strong suspicion” against all seven accused for an offence under Section 3 of the Prevention of Money Laundering Act (PMLA), punishable under Section 4 of the Act.
“I conclude that prima facie, there is sufficient material on record based upon which strong suspicion is raised against all seven accused persons,” the court said.
However, special NIA Judge Prashant Sharma of Rouse Avenue Courts on Wednesday directed the Enforcement Directorate to obtain the signatures of Malik and other accused in judicial custody after they could not be produced before the court physically for formal framing of charges due to security concerns. The next date has been scheduled for October 30.
The accused in the case are Malik, Zahoor Ahmad Shah Watali, Abdul Rashid Sheikh, Shabir Ahmad Shah, Masarat Alam, Naval Kishore Kapoor and Trison Farms and Constructions Pvt Ltd.
Also Read: Chargesheet filed against Yasin Malik in 1990 Sarla Bhat rape, murder case
According to the Enforcement Directorate (ED), the criminal activities under investigation generated proceeds of crime totalling ₹8.94 crore. The agency alleged that the money was subsequently received, transferred, concealed, possessed, acquired and used by the accused through different channels.
The ED’s case is that funds were allegedly moved through cash couriers from the Pakistan High Commission in New Delhi to members of the Hurriyat leadership, including Malik, for promoting the secessionist agenda and supporting subversive activities.
The agency also relied on material recovered from Ghulam Mohd Bhat, an accountant-cum-cashier working with Watali. The documents allegedly showed that Malik, Shabir Shah and Masarat Alam received foreign contributions through Watali during the 2015-16 financial year.
The investigation further uncovered emails associated with Malik which, according to the ED, indicated that he had developed a network to raise funds abroad for terrorist, secessionist and unlawful activities in Jammu and Kashmir in the name of a “freedom struggle”. The agency alleged these funds were used to sustain the JKLF and intensify secessionist violence.
The ED investigation further alleged that Malik received another ₹15 lakh through Watali during 2015-16, taking the total amount allegedly received by Malik to ₹30.75 lakh.
NIA, in its second supplementary chargesheet, alleged that Malik had received ₹15.75 lakh from Saudi Arabia in 2013.
These amounts were treated by the ED as proceeds of crime allegedly derived from criminal activity connected with the scheduled offences.
The money laundering proceedings are linked to an NIA case registered in 2017 over an alleged larger conspiracy involving terrorist and secessionist activities in Jammu and Kashmir.
The NIA invoked provisions including criminal conspiracy, 121 (waging war against the government) and 121A (criminal conspiracy against the state) of the IPC and sections of the Unlawful Activities (Prevention) Act.
The ED registered its case on June 14, 2017, to investigate the alleged laundering of proceeds generated through those criminal activities. Its main prosecution complaint was filed in 2020, while a supplementary complaint in January 2023 arraigned Malik as an accused.
The NIA had alleged that Malik, who headed the Jammu and Kashmir Liberation Front (JKLF), was involved in terrorist and subversive activities in the Valley and in raising and receiving funds through illegal channels, including Hawala. The underlying NIA case ultimately resulted in Malik’s conviction in 2022.
The prosecution was represented by special public prosecutors N K Matta, Simon Benjamin and Manish Jain.
