APHC-AJK slams politicization of Indian judiciary in Yasin Malik case
Safi calls for fair trial and scrutiny of proceedings by UNHRC
Islamabad: The All Parties Hurriyat Conference-Azad Jammu and Kashmir (APHC-AJK) chapter has strongly condemned the Indian state and judiciary for the manner in which they are proceeding against illegally detained Jammu and Kashmir Liberation Front Chairman Muhammad Yasin Malik, and has called for immediate international scrutiny of the case.
According to Kashmir Media Service, in a statement issued in Islamabad, APHC-AJK Convener Ghulam Muhammad Safi said that Mr. Malik, who has been incarcerated in Tihar Jail since 2019, has been made to face fresh prosecution 36 years after the alleged incident, which exposes the political motives behind the case.
Ghulam Muhammad Safi said that Mr. Malik was arrested in 1990 and faced nearly two dozen cases, yet no murder charge in the Sarla Bhat case was registered against him at the time. “His being named an accused 36 years later raises serious questions about the timing, credibility, and purpose of the prosecution. Justice delayed to such an extent ceases to be justice,” he said.
Safi also condemned Yasin Malik’s prolonged separation from his wife, Mushaal Malik, and daughter, Raziya Sultana, noting that he has been denied direct communication with them for eight years. “Such prolonged isolation and separation violate basic human dignity and internationally recognized standards for the treatment of prisoners,” he added.
The APHC expressed concern over the political and media environment surrounding the case, particularly the hate campaign preceding the framing of charges in April 2022.
Safi said such politicized media coverage can prejudice public opinion and undermine the right to a fair and impartial trial. He also questioned the emergence of alleged evidence after 36 years, stressing that criminal proceedings must be based on credible and admissible evidence and that no individual should be made a substitute accused merely because the actual perpetrator has not been identified.
The APHC said that the Yasin Malik case must be viewed against the broader history of politically sensitive cases involving Kashmiri political figures. It referred to the judicial murder of Kashmiri political activist Muhammad Afzal Guru as an earlier case that continues to raise questions regarding due process, political pressure, and the administration of justice.
Safi warned that the recurrence of such cases creates apprehension that prolonged incarceration, delayed prosecution, and judicial proceedings are being used as tools against Kashmiri political voices.
“What happened in the past in cases such as Afzal Guru, and what is now happening in the case of Yasin Malik, raises a serious concern about whether the same pattern may be repeated against other Kashmiri political leaders and activists in the future. Justice cannot be selective, delayed, or driven by political considerations,” he said.
The APHC called for immediate international scrutiny of the proceedings by the UN Human Rights Council and relevant human rights mechanisms. It demanded a fair, transparent and impartial trial, with due process, access to legal counsel and family, and adequate medical care.
“Judicial institutions must not be used as instruments of political pressure. Prolonged incarceration and judicial proceedings cannot become tools to silence political voices. The international community must ensure that justice, due process and human dignity are upheld,” Safi concluded.
The APHC reaffirmed its complete solidarity with Muhammad Yasin Malik, Mushaal Malik and Raziya Sultana and urged the international community to closely monitor the proceedings.
