Delhi High Court seeks Yasin Malik’s response on NIA’s death penalty plea in alleged terror funding case

New Delhi: The Delhi High Court on Monday asked Hurriyat leader and Jammu and Kashmir Liberation Front chief Yasin Malik to respond to a petition filed by the National Investigation Agency (NIA) seeking the death penalty for him in a terror funding case.

A bench comprising Justices Vivek Chaudhary and Shalinder Kaur gave Malik four weeks to submit his reply to the NIA’s petition.

The court scheduled the next hearing for November 10.

Malik, who had earlier expressed his wish to argue in person against the NIA’s plea for sentence enhancement, was expected to appear virtually from jail but was not produced.

The Jammu and Kashmir Liberation Front (JKLF) leader is currently serving a life sentence in Tihar Jail.

The court observed that Malik was neither produced virtually for the proceedings nor had he filed his response to the NIA’s plea, despite the court’s order dated August 9, 2024.

On August 9, the court had directed that Malik be produced virtually, not physically, citing security concerns.

On Monday, the bench instructed jail authorities to ensure his virtual presence on November 10.

Last year, Malik declined the court’s offer to appoint a lawyer for him and insisted on arguing the case himself.

The high court had issued a notice to Malik on May 29, 2023, regarding the NIA’s plea for the death penalty.

Following this, jail officials requested permission for Malik’s virtual appearance, arguing that he is a “very high-risk prisoner” and his physical production could threaten public order and safety.

The court granted this request.

On May 24, 2022, a trial court convicted Malik under the stringent Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code, sentencing him to life imprisonment after he pleaded guilty.

The NIA appealed against this sentence, arguing that terrorists should not receive only life terms simply because they plead guilty and avoid trial.

The agency urged that failing to impose capital punishment on such terrorists would undermine sentencing policies and give them a loophole to escape the death penalty.

The trial court had rejected the NIA’s demand for the death penalty but acknowledged that Malik’s crimes attacked the “heart of the idea of India” and aimed to forcibly separate Jammu and Kashmir from the country.