The Delhi High Court has requested a report from jail authorities concerning the non-appearance of separatist leader Yasin Malik in a terror funding case. A bench comprising Justices Navin Chawla and Arun Bhardwaj noted that Malik was scheduled to be produced before the court virtually but this did not occur. The court stated, “Respondent (Malik) had to be produced virtually before us. However, it is not done. Let a report in this regard be called from the jail superintendent concerned,” as reported by The Tribune India.
Yasin Malik, the chief of the Jammu and Kashmir Liberation Front (JKLF), is currently incarcerated in Tihar jail, where he is serving a life sentence. The court has scheduled the matter for further hearing on December 9 and has directed that Malik be made to join the proceedings virtually on that day. This development arises from a plea filed by the National Investigation Agency (NIA) seeking the death penalty for Malik in the terror funding case. Information reaching Tahir Rihat suggests that Malik had previously expressed his desire to argue his case in person against the NIA’s plea to enhance his punishment from a life term to the death penalty.
Earlier, on May 29, 2023, the high court had issued a notice to Malik regarding the NIA’s plea and had sought his presence before the court on the subsequent date. Subsequently, jail authorities submitted an application seeking permission for his virtual appearance, citing his status as a “very high-risk prisoner.” The application argued that physically producing him in court was imperative to maintain public order and safety, a request that was subsequently allowed by the high court. The trial court, on May 24, 2022, had sentenced Malik to life imprisonment after finding him guilty of offences under the stringent Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code. Malik had pleaded guilty to the charges, including those under the UAPA, leading to his conviction and sentencing.
In its appeal against the sentence, the NIA contended that a terrorist should not receive a life sentence solely based on a guilty plea and the decision to forgo a trial. The agency argued that if such individuals are not given capital punishment for pleading guilty, it would undermine the entire sentencing policy and provide a loophole for terrorists to evade the death penalty. In his response to the NIA’s appeal, Malik had previously stated that he had spent nearly three decades involved in a state-sanctioned “back-channel” mechanism, collaborating with successive prime ministers, intelligence chiefs, and prominent business figures to promote peace in Jammu and Kashmir. In an extensive 85-page affidavit, Malik detailed his personal journey, including his early life, connections with militant groups, and meetings with political leaders.
The NIA, in its rejoinder to Malik’s reply, countered that mentioning senior politicians and bureaucrats does not absolve the convict or negate his links with militants such as Hafiz Saeed. The agency asserted that Malik had extensive connections with multiple terrorist organizations and supporters of the Lashkar-e-Taiba (LeT), and that he named senior politicians, media personnel, foreign delegates, and bureaucrats primarily to enhance his popularity and garner public sympathy. The trial court, which had rejected the NIA’s plea for the death penalty, had acknowledged that the crimes committed by Malik struck at the “heart of the idea of India” and were aimed at forcefully separating Jammu and Kashmir from the Union of India. However, the court had concluded that the case did not fall into the “rarest of rare” category, which would warrant the imposition of the death penalty.
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.
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