New Delhi: The Delhi High Court Wednesday sought a report from the Tihar Jail Superintendent on the non-appearance of Kashmiri separatist leader and banned JKLF chief Yasin Malik in virtual proceedings in the National Investigation Agency’s (NIA) appeal seeking the death penalty for him in a terror-funding case.
A Division Bench of Justices Navin Chawla and Arun Bhardwaj directed the concerned jail superintendent to submit a report explaining Malik’s non-appearance and ordered that he be made to join the proceedings virtually on the next date of hearing.
Noting that Malik had not appeared through video conferencing from Tihar Jail, the High Court said: “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 Justice Chawla-led Bench listed the matter for further hearing in December.
The NIA has challenged the 2022 trial court judgment sentencing Malik to life imprisonment after he pleaded guilty to charges under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC).
In its appeal, the anti-terror agency has sought enhancement of the sentence to the death penalty, arguing that a terrorist cannot be awarded a life term merely because he has pleaded guilty and opted not to face trial.
The NIA has contended that granting a lesser sentence on this ground would undermine the sentencing policy and provide terrorists with a means to avoid capital punishment by pleading guilty.
The trial court, while rejecting the NIA’s plea for the death penalty, had observed that the crimes committed by Malik struck at the “heart of the idea of India” and were intended to forcefully secede Jammu and Kashmir from the Union of India.
Recently, the NIA told the Delhi High Court that Malik was well-connected with multiple terrorist organisations and supporters of the banned Lashkar-e-Taiba (LeT).
It argued that the mere mention of the names of senior politicians and bureaucrats did not negate his links with LeT chief Hafiz Saeed and other militants.
Malik, who has chosen to represent himself rather than appoint a lawyer, has been appearing virtually from Tihar Jail following an August 2024 court order barring his physical presence due to security concerns.
