Kashmiri separatist Ghulam Nabi Fai was on Friday sentenced to two years of imprisonment by a court here for ‘conspiracy to defraud the US’ and for illegally working for Pakistan's ISI to influence American policy on Kashmir.
62-year-old Fai's 24 months of jail term will be followed by three years of supervised release. The judge also asked Fai not to maintain any contact with the officials and agents of the Government of Pakistan and the Pakistani spy agency - ISI.
"You participated in a conspiracy to defraud the US and completely deceive the IRS (Internal Revenue Service). You knew Pakistan and the ISI was paying you in a manner because your actions would be consistent with theirs and you would represent their voice and you were willing to do so," Judge Liam O'Grady of a court in Alexandria, Virginia, a suburb of Washington DC, said before announcing the verdict.
The judge also said: "He (Fai) clearly knew, he is being paid... Pakistan has lost wars with India on Kashmir and so Pakistan is looking for other means to achieve its objectives."
Fai was arrested by the FBI on July 19 last year and had subsequently pleaded guilty before the court to the charges of being a paid agent of the ISI. Fai, who was represented by Nina Ginsberg in the court, said he would self surrender after graduation of his daughter on June 25.
After listening from both sides and also for a few minutes from Fai himself, the judge said: ‘Sentencing is necessary’ even though he has done ‘moving things’ on behalf of people of Kashmir.
"I do not think you are ready to believe that by your acts you did a great harm to he US, you ignored that even after FBI brought this to your notice," Judge told Fai.
The judge added, "You were willing to defraud the IRS, willing to be allowed being given money by the Straw Donors to fund the Kashmir American Council -- to cover up the source of your funding and to engage with the Pakistani intelligence agency."
However the judge also told Fai that he can continue to work for the cause of Kashmiri people from the prison -- like write articles and do conference calls. About 40 people were inside the court room -- mostly his friends and family members.
The government attorney was Gordon D. Kromberg. Fai said that he did not tow the Pakistani line and he always espoused the cause of independent Kashmir -- while Pakistan wants to make Kashmir part of it.
"Words possibly can't define the damage that I have done to my beautiful family and friends in the US and the damage that I have done to the Kashmir cause," Fai told the court.
"I never intended to harm anybody in the world, never intended to harm the US. My sole motivation was to work for the people of Kashmir and their right of self determination," he added.
Fai then went into propaganda mode and said: "I know the road to freedom is long but there is no short cut."
Fai said he has written 25 articles proposing that the best solution to the Kashmir problem was independence of Kashmir. Judge commented: "I do not doubt your love for people of Kashmir" and then he went on to pronounce the judgement.
Earlier, the US Justice Department had recommended that Fai be sentenced for 48 months of imprisonment. He faced a maximum potential sentence of five years in prison for the conspiracy count and a maximum three years in prison for the tax violation.