Want death penalty, says Yasin Malik in Sarla Bhat case; BJP assures of justice

The JKLF chief said his refusal to contest the case did not amount to an admission of guilt, maintaining in his affidavit that he was falsely implicated.

In Short

• SIA filed a 737-page chargesheet nearly 35 years after Sarla Bhat murder
• Sarla Bhat killing occurred amid Kashmiri Pandit exodus from Valley in 1990
• JKLF chief Yasin Malik announces separation from wife Mushal Malik

Jailed Jammu Kashmir Liberation Front (JKLF) terror commander Yasin Malik has denied any role in the 1990 kidnapping and murder of Kashmiri Pandit nurse Sarla Bhat, while stating that he will not participate in the trial proceedings in the case.

In a 25-page affidavit filed before the TADA/POTA court in Srinagar, Malik maintained that his decision not to contest the proceedings should not be construed as an admission of guilt and claimed that he had been falsely implicated.

"I had no role in the kidnapping and murder of Sarla Bhat. I am being falsely implicated in this case. I will not take part in the trial proceedings. This does not mean that I have accepted my guilt. I want the death penalty. Sarla Bhat was not working as an informer for the security forces. She was an innocent citizen, as innocent as my daughter," Malik said in the affidavit.

However, the BJP has hit back at Malik, with the party's J&K spokesperson Danish Bhat saying that the former has got nothing to contest in the case.

"Yasin Malik has nothing to contest in the Sarla Bhat case. It is a foolproof 737 page chargesheet filed by @SIAJKPolice. Successive governments failed to deliver justice to Sarla Bhat for 36 years. The BJP government has finally ensured the case moves forward. Justice will be done," Bhat posted on X.

The JKLF terror commander is also undergoing a trial in the Air Force personnel killing case and the Rubaiya Sayeed kidnapping case, which took place just weeks before the violent exodus of Kashmiri Pandits.

Calling him a "self-confessed terrorist", senior BJP leader Ravinder Raina said Malik himself admitted to killing Air Force Personnel.

"Yasin Malik is a self-confessed killer and terrorist. He has himself accepted it many times that he assassinated Air Force personnel and targeted Kashmiri Pandits. Now, he is behind bars and fears punishment. That's why he's trying to play victim now. I don't wish to comment on what he has said about his family," Raina said.

INVESTIGATION INTO SARLA BHAT MURDER

The undertaking comes two months after the Jammu and Kashmir Special Investigation Agency (SIA) filed a 737-page chargesheet in the decades-old case, naming Malik among five accused.

The case concerns the abduction of Sarla Bhat, a nurse at Sher-i-Kashmir Institute of Medical Sciences (SKIMS), from near the hospital on April 18, 1990. Her body was recovered the following day at Omer Colony in Srinagar.

The killing occurred during a period of intense phase of terrorism and the mass displacement of Kashmiri Pandits from the Valley.

The SIA's investigation has sought to reconstruct the circumstances surrounding the crime through protected witness statements, eyewitness accounts, documentary records, forensic and medical findings, ballistic evidence and electronic material.

According to the prosecution case, protected witnesses identified Bhat with the accused shortly before her abduction and described the circumstances in which she was taken away.

Investigators have also cited evidence against other accused persons, while a ballistic examination reportedly found that cartridge cases recovered from the crime scene had been fired from the same 7.62x39 mm firearm.

The chargesheet also refers to a note recovered from Bhat's body in which JKLF claimed responsibility and accused her of being a "mukhbir", or informer, for security forces.

While forensic examination could not conclusively establish who wrote the note, investigators have cited contemporary reports and other material in support of the prosecution narrative.

An authenticated television interview of former JKLF terrorist Bitta Karate has also been cited as electronic evidence. Investigators have relied on the interview to support their allegation that targeted killings during the period were part of an organised militant campaign.

The Sarla Bhat investigation was revived after the case was transferred to the SIA in March 2024.

The agency has since reopened several long-pending cases linked to targeted killings during the insurgency, including the murders of Kashmiri Pandit poet Sarwanand Koul Premi and his son Virender Koul, as well as other prominent killings.

1998 WANDHAMA MASSACRE

The affidavit also comes against the backdrop of renewed investigations into the 1998 Wandhama massacre, in which 23 Kashmiri Pandits, including women and children, were killed by terrorists.

The case, which has remained unresolved for decades, is part of the broader effort to revisit major terror crimes against the displaced community.

MALIK TO FILE FOR DIVORCE

Malik, who is serving a life sentence in Delhi's Tihar Jail in a terror-funding case, has also used the affidavit to address his personal life. He has indicated his decision to separate from his Pakistani wife, Mushal Malik, and urged her to rebuild her life rather than remain tied to his circumstances.

"Before I will be hanged, I have decided to separate you from the bond of Nikkah."

He also appealed to her to move forward with dignity and hope, while invoking Nelson Mandela in his message. Malik further expressed concern that his wife should not have to live as a widow or carry the burden of his circumstances.

Yasin Malik’s latest move is likely to add a significant personal and legal dimension to proceedings in the Sarla Bhat case. With Malik refusing to participate in the trial while continuing to deny the allegations, the special court will now determine how the prosecution evidence and his stated position are to be dealt with as the proceedings move forward.

- Ends