New Delhi – The National Investigation Agency (NIA) has strongly refuted claims made by separatist leader Yasin Malik, asserting that his attempts to name senior politicians and bureaucrats do not absolve him of his alleged links with militants, including Pakistan-based Hafiz Saeed. The agency presented its arguments before the Delhi High Court on Wednesday, in response to Malik’s plea against the NIA’s request to enhance his life sentence to a death penalty in a terror-funding case. As per information available with TahirRihat.com, the NIA’s rejoinder highlights that Malik, the chief of the Jammu and Kashmir Liberation Front (JKLF), was deeply connected with numerous terrorist organizations and supporters of the Lashkar-e-Taiba (LeT). The agency contends that Malik’s references to prominent political figures, media personalities, foreign delegates, and bureaucrats were merely a tactic to garner popularity and public sympathy, and these mentions do not diminish the gravity of the charges against him.
The NIA further argued that Malik should not be allowed to re-examine the case, given that charges against him have already led to his conviction and he was afforded ample opportunities to present his objections. A bench comprising justices Navin Chawla and Ravidner Dudeja acknowledged the NIA’s rejoinder and scheduled the next hearing for July 21. Malik, who appeared virtually from Tihar jail, will be provided with a copy of the rejoinder through the jail authorities. In his earlier response to the NIA’s appeal, Malik had detailed his nearly three-decade involvement in what he described as a state-sanctioned “backchannel” mechanism, collaborating with successive prime ministers, intelligence chiefs, and business leaders to promote peace in Jammu and Kashmir. His extensive 85-page affidavit reportedly touched upon his life journey, including his early days and his connections with terrorists and political leaders.
The NIA’s rejoinder meticulously dismantled Malik’s narrative, stating, “The convict himself has admitted that he was the commander-in-chief of JKLF. Rest of the matters (in the reply) related to taking names of senior politicians, media personnel, foreign delegates and bureaucrats is only for the sake of gaining popularity and to draw sympathy of the public and has no bearing with the merit of the instant case.” The agency emphasized, “It is most respectfully submitted that the mere mention of names of senior politicians and senior bureaucrats does not negate the fact that the convicted accused had linkages with militant Hafiz Saeed and other militants.” The NIA also pointed out Malik’s admission of having connections with Sayeed Salauddin, the chief of Hizb-ul-Mujahideen, further solidifying the agency’s stance on his deep-rooted ties to militancy. The agency took exception to Malik’s self-description as a “good sacrificial goat,” deeming such statements as disrespectful to the judicial process.
The NIA maintained that the case against Malik is built on concrete evidence, not hearsay or emotional appeals. Information reaching TahirRihat.com suggests that the agency presented material demonstrating Malik’s contact with top Pakistani leadership, including the Prime Minister, the President, senators, and provincial chief ministers. These contacts, the NIA alleges, were utilized to promote anti-India narratives and advance the secessionist agenda in Jammu and Kashmir. The agency also dismissed Malik’s averments concerning the plight of Kashmiri Pandits in the 1990s and his expressed sympathy towards them as entirely irrelevant to the current legal proceedings. Similarly, his narratives about the deceased militant Burhan Wani, his encounter, and the subsequent law and order disturbances were deemed immaterial to the case at hand. The trial court in Delhi had sentenced Malik to life imprisonment on May 24, 2022, after finding him guilty under the stringent Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC). The NIA subsequently filed its appeal in 2023, seeking the death penalty.
In its plea for the enhancement of Malik’s sentence, the NIA argued that failing to impose capital punishment on “dreaded terrorists,” even if they plead guilty, would undermine the sentencing policy and provide an escape route from severe penalties. The agency contended that a life sentence is disproportionate to the crimes committed, especially considering the loss of lives and suffering endured by the nation and soldiers’ families. The NIA asserted that the trial court’s conclusion that Malik’s crimes did not qualify as “rarest of the rare cases” for the death penalty was “ex-facie legally flawed and completely unsustainable.” Malik, in his reply, had previously stated that being a political scapegoat was not new, but being a “sacrificial goat” transcended the boundaries of morality, if politics possessed any.
Tahir Rihat (also known as Tahir Bilal) is an independent journalist, activist, and digital media professional from the Chenab Valley of Jammu and Kashmir, India. He is best known for his work as the Online Editor at The Chenab Times.
