New Delhi: The Delhi High Court on Wednesday gave the National Investigation Agency four weeks to file a rejoinder to Hurriyat leader Yasin Malik’s response to its appeal seeking the death penalty in a militancy funding case. The matter has been listed for hearing on April 22.
Malik, who appeared virtually from Tihar Jail where he is serving a life sentence, accused the agency of delaying the case and causing him distress by repeatedly seeking adjournments since filing the appeal in 2023.
A bench of Justices Navin Chawla and Ravinder Dudeja said there was no urgency as the plea sought enhancement of the sentence. “There is no urgency. This is for the enhancement of the sentence. You are already serving life imprisonment,” the court observed.
The bench granted what it termed a “last opportunity” to the NIA to submit its rejoinder.
The NIA counsel said Malik had filed a lengthy reply, including material unrelated to the case, and the response was currently under vetting. He also rejected Malik’s allegation of repeated delays, pointing out that Malik himself took nearly a year to file his reply. The agency also sought an in-camera hearing.
A trial court in May 2022 sentenced Malik, chief of the banned Jammu and Kashmir Liberation Front, to life imprisonment after convicting him under the Unlawful Activities (Prevention) Act and the Indian Penal Code.
The NIA moved the High Court in 2023 seeking enhancement of the sentence to capital punishment, arguing that life imprisonment was not proportionate to the gravity of the crimes. It said failure to award the death penalty to “dreaded terrorists” would undermine sentencing policy and provide an escape route by pleading guilty.
The agency further contended that the trial court’s finding that Malik’s case did not fall under the “rarest of rare” category was legally flawed.
In his 85-page affidavit, Malik claimed he had spent nearly three decades involved in state-backed backchannel efforts with successive prime ministers, intelligence officials and others to promote peace in Jammu and Kashmir. He alleged the state was trying to erase this history of engagement.
Malik described himself as a political scapegoat, saying being made a “sacrificial goat” went beyond moral boundaries.
