A special National Investigation Agency (NIA) court in New Delhi has ordered the framing of formal charges against incarcerated separatist leader Yasin Malik, Member of Parliament Sheikh Abdul Rashid—widely known as Engineer Rashid—and several others in connection with a high-profile 2017 Jammu and Kashmir terror funding case.

The judicial directive sets the stage for a comprehensive trial under stringent sections of the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act (UAPA), including provisions related to criminal conspiracy, waging war against the Government of India, raising funds for terrorist acts, and inciting secessionist violence.

Formal Trial Ordered Under Anti-Terror Laws

The special court, upon examining the evidence presented by investigative authorities, determined that a prima facie case exists to put the accused individuals on trial. The prosecution asserts that multiple separatist leaders and operatives conspired with handlers across the border to orchestrate unrest, stone-pelting incidents, and subversive activities across the Kashmir Valley.

Key charges approved by the court include:

- Section 120B (Criminal Conspiracy) and Section 121 (Waging War Against the State) under the Indian Penal Code. - Sections 13, 16, 17, 18, 20, 38, 39, and 40 of the Unlawful Activities (Prevention) Act, which address unlawful activities, terrorist acts, raising funds for terrorism, and conspiracy. - Allegations of receiving unaccounted foreign remittances and illicit hawala channels to finance logistical support for banned terror outfits.

The Accused and Their Legal Status

Yasin Malik, the former chief of the banned Jammu Kashmir Liberation Front (JKLF), is currently serving a life sentence at Tihar Jail after being convicted in another terror-funding case in 2022. While Malik had previously pleaded guilty to multiple charges in earlier stages of that prosecution, this trial addresses distinct facets of financial routing and conspiracy outlined in the agency's primary chargesheets.

Sheikh Abdul Rashid, who secured a high-profile electoral victory from the Baramulla parliamentary constituency in the 2024 general elections while lodged in Tihar Jail, had sought discharge from the proceedings, maintaining that his political activities were lawful and unrelated to subversive financing networks. However, the special court found sufficient grounds in the investigative documentation to reject discharge claims and order a full trial against him.

Other prominent figures named in the chargesheets include Lashkar-e-Taiba founder Hafiz Saeed, Hizbul Mujahideen chief Syed Salahuddin, along with several second-rung separatist functionaries and hawala conduits.

Broad Scope of the 2017 Investigation

The case dates back to May 2017, when federal investigators initiated a comprehensive probe into the funding ecosystem fueling unrest in Jammu and Kashmir. The agency alleged that funds channeled through legitimate banking routes, non-governmental front organizations, and covert hawala operators were distributed to local operatives to sustain widespread disruption, enforce shutdowns, and target security personnel.

With the formal framing of charges, the court will now proceed to record prosecution evidence and examine official witnesses. Legal representatives for the accused are expected to mount defense challenges as the trial enters its substantive evidentiary phase.