Terror Funding Case: Delhi HC Allows Video Conference Appearance of Yasin Malik

The Delhi High Court on Friday granted permission to the Tihar Jail authorities to present Yasin Malik, a convicted Kashmiri separatist, before the Court through video conference (VC) in the case brought by the National Investigation Agency (NIA) seeking the death penalty for Malik.

A Division Bench of Justice Siddharth Mridul and Justice Anish Dayal approved the application submitted by the Tihar Jail Superintendent, requesting a modification of the Court’s previous order that required Malik’s physical presence.

The Tihar Jail authorities informed the High Court about an October 2022 order from the President of India, which directed that Malik should not be moved from Tihar or taken outside of Delhi.

“In view of this matter, the order is modified to the extent that the Jail Superintendent is directed to produce Yasin Malik in the present appeal through VC,” the bench stated.

The Tihar Jail authorities, in their application, referred to the President’s order and highlighted that Malik has been designated as a “very high-risk prisoner.” Therefore, they argued that he should participate in the proceedings through VC.

“Furthermore, it is submitted that the Respondent/Convict Yasin Malik has been lodged in the Tihar Jail, New Delhi under the category of very high-risk prisoners and thus, the present Application is in relation to a heavy security issue. Therefore, it is imperative that the Respondent/Convict Yasin Malik is not physically produced before this Hon’ble Court in order to maintain public order and safety,” the application stated.

It’s worth noting that on July 21, Malik had appeared before the Supreme Court during a hearing of a CBI case against him. This prompted Solicitor General Tushar Mehta to write to the Union Home Secretary, expressing concern that Malik’s presence in the apex court posed a significant security lapse, given that the convicted terrorist “could have escaped or could have been killed.”

The Delhi High Court has been overseeing the NIA’s appeal against a trial court’s decision to sentence Malik to life imprisonment. The anti-terror agency has advocated for the death penalty for the convicted terrorist.

Malik was handed a life imprisonment sentence by a special NIA court in May 2022 in a terror funding case. He was found guilty of offenses under Sections 120B, 121, 121A of the Indian Penal Code (IPC), and Sections 13 and 15 of the Unlawful Activities (Prevention) Act (UAPA), read in conjunction with Section 120B of the IPC, as well as Sections 17, 18, 20, 38, and 39 of the UAPA.

He had pleaded guilty in the case.