The NIA (National Investigation Agency) has approached the Delhi High Court to seek permission for virtual appearance of Kashmiri separatist Yasin Malik from Tihar jail in a terror funding case, for which the agency has sought the death penalty. The application is scheduled for a hearing on August 3 before a bench of Justices Siddharth Mridul and Anish Dayal.
Earlier, on May 29, the high court had issued a warrant for the production of Yasin Malik on August 9 when the NIA’s plea for enhancing his sentence was listed for hearing. However, due to Malik being classified as a “very high risk prisoner,” the NIA is requesting that he not be physically produced in court to maintain public order and safety. The Home Ministry had also ordered that Malik cannot be moved from Tihar Jail and should not be taken out of the jurisdiction of NCT (National Capital Territory) of Delhi.
Recently, Malik’s physical appearance in the Supreme Court without permission had caused concern, prompting the Solicitor General of India to report a “serious security lapse” to the Union Home Secretary. Malik had apparently appeared in connection with the CBI’s appeal against an order related to a kidnapping case in Jammu in 1989.
The NIA is appealing against the life sentence given to Malik in the terror funding case, arguing that a terrorist should not be awarded life imprisonment solely because they pleaded guilty and avoided trial. The agency insists that the crime committed by Malik warrants capital punishment as it involved terrorist activities in the Kashmir Valley, endangering the nation’s sovereignty and integrity.
The trial court had rejected the NIA’s request for the death penalty, stating that Malik’s crimes were not of the “rarest of rare” category. However, the NIA maintains that granting capital punishment to dreaded terrorists is essential to prevent miscarriage of justice, as terrorism is not just a crime against society but an act of external aggression and an affront to the nation’s sovereignty.
