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Onkar Singh in New Delhi
Special Judge V K Jain on Monday sent Jammu & Kashmir Liberation Front chairman Mohammed Yasin Malik to Tihar Jail till September 4 for having failed to attend proceedings and going abroad without the court's permission while on bail.
Jain had issued a non-bailable warrant against Malik some time ago.
In his seven-page order on the application moved by Malik's counsels R M Tufail and S C Angrish for cancellation of the warrant, the judge said Malik had deliberately misrepresented facts and his offence could not be condoned.
"By his conduct the accused has forfeited his right to continue on bail. Therefore, the application filed by him is rejected and he is remanded to judicial custody till the next date of hearing," the judge said.
The Central Bureau of Investigation had arrested Malik under the Terrorist and Disruptive Activities (Prevention) Act in 1992. He was released on bail on May 16, 1994, on health grounds following a directive from the Supreme Court.
He was directed to provide two sureties of Rs 50,000 each and to report to the Tilak Road police station on the sixteenth of every month. He was also directed to inform the police station and the designated court about his addresses in Delhi and outside.
"'He shall send information in writing through his counsel before going and shall inform the court in writing of all the places he would be going to.' [This] order of my learned predecessor dated 16.5.94 was not challenged and therefore became final," Judge Jain said in his order.
The court had fixed April 9 and 10, 2001, for recording the prosecution's evidence in the case. "On 9.4.2001 itself the application was filed seeking exemption of the accused," Jain noted in his order. Malik filed a similar application on April 10.
Since Malik did not appear in court on the dates of hearing, he forfeited his personal bond and surety. But what irked the judge the most was that though Malik is facing two criminal cases, when applying for his passport on June 6, 2000, he said no criminal proceedings were pending against him anywhere in India.
The judge rejected his plea that the Government of India knew the facts of the cases pending against him and hence he had not misled it. "He was duty-bound to disclose the facts," the judge noted.
The judge also took strong objection to Malik's sudden departure from India for treatment in the United States without bothering to inform the court and seek its permission.
EARLIER REPORT: Yasin Malik arrested
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