NEW DELHI, Oct 14: The Delhi High Court on Wednesday sought a report from the Tihar Jail superintendent over Kashmiri separatist leader Yasin Malik’s failure to appear through video conferencing during a hearing on the National Investigation Agency’s (NIA) appeal seeking enhancement of his life sentence to the death penalty in a terror funding case.
A division bench comprising Justice Navin Chawla and Justice Arun Bhardwaj directed the jail authorities to explain the circumstances behind Malik’s non-appearance and ensure that he joins the proceedings virtually on the next date of hearing.
“Let a report in this regard be called from the concerned jail superintendent. On the next date, the respondent (Yasin Malik) shall be made to join the proceedings virtually,” the bench said.
Special Public Prosecutor Akshai Malik, appearing for the NIA, informed the court that Yasin Malik had expressed his willingness to argue the matter himself.
The hearing concerns the NIA’s plea seeking enhancement of Malik’s life sentence to the death penalty following his conviction in a terror funding case.
In a recent rejoinder affidavit filed before the High Court, the NIA argued that Malik’s claims of having maintained working relationships with successive Indian Prime Ministers and engaging with senior political leaders were irrelevant to the criminal proceedings and could not justify leniency.
The agency also alleged that Malik had links with senior Pakistani leaders, including the country’s Prime Minister and President, and used these connections to promote the secession of Jammu and Kashmir from India.
According to the NIA, Malik’s references to political leaders, bureaucrats and other public figures were intended to generate public sympathy and had no bearing on the offences for which he was convicted.
Malik has claimed that he maintained working relationships with successive governments since 1990 and was engaged by different administrations in dialogue concerning Kashmir, regional stability, security and peace. He has also stated that he was encouraged to participate in discussions on international platforms.
The NIA has maintained that these claims do not absolve him of criminal liability or diminish the seriousness of the offences established against him.
The agency has alleged that its investigation uncovered a wider conspiracy involving separatist leaders and banned terrorist organisations, including Hizbul Mujahideen and Lashkar-e-Taiba, to wage war against the Government of India and raise funds through illegal channels, including hawala, to support terrorist activities in Jammu and Kashmir.
It has further alleged that Malik, as head of a faction of the Jammu and Kashmir Liberation Front (JKLF), played a key role in promoting separatist ideology and maintaining links with militant groups.
Malik was arrested in April 2019 and prosecuted under various provisions of the Indian Penal Code and the Unlawful Activities (Prevention) Act. He pleaded guilty before the trial court and was convicted on all charges.
While sentencing him to life imprisonment, the special NIA court held that the case did not meet the “rarest of rare” threshold required for the death penalty. The court also rejected his defence that he followed Gandhian principles of non-violence and led a peaceful movement.
The NIA has challenged the sentence, arguing that it should be enhanced to the death penalty. The agency has also contended that Malik’s response to its appeal contains personal narratives, political commentary and emotional assertions that are not relevant to determining the appropriate sentence.
