Delhi HC Directs Yasin Malik To Respond To NIA’s Plea For Death Penalty

Terror funding case

The Delhi High Court on Monday gave separatist leader Yasin Malik 4 weeks to respond to the National Investigation Agency’s (NIA) petition seeking to enhance his life sentence to the death penalty in a terror funding case.

A bench comprising Justices Vivek Chaudhary and Shalinder Kaur directed Malik to file his reply within four weeks and listed the matter for hearing on November 10. Malik, currently lodged in Tihar Jail, did not appear virtually for the proceedings despite a prior order for his production. The court also noted that no response had been filed in line with its August 9, 2024 directive.

Virtual Appearance Ordered Due To Security Concerns

In August 2024, the court had ruled that Malik should be produced virtually rather than in person, citing security threats. On Monday, the bench reiterated this order, instructing jail authorities to ensure his virtual presence at the next hearing.

Malik, the chief of the Jammu and Kashmir Liberation Front (JKLF), has rejected the court’s suggestion to engage a lawyer, insisting on arguing the case himself. In May 2023, the high court issued a notice on the NIA’s plea, and later permitted jail authorities to arrange for his virtual appearance, given that he was classified as a “very high-risk prisoner.”

NIA Pushes For Death Penalty

The NIA maintains that Malik’s life sentence is inadequate, stressing that a guilty plea should not be grounds for leniency in terrorism cases. The agency argued that sparing such convicts from capital punishment could undermine sentencing policy and encourage others to plead guilty to evade the death penalty.

Court’s Observations

In May 2022, Malik was sentenced to life imprisonment by a trial court after pleading guilty to charges under the Unlawful Activities (Prevention) Act (UAPA) and the IPC.

While rejecting the NIA’s death penalty request, the trial court observed that Malik’s actions were aimed at violently separating Jammu and Kashmir from India, striking at the “heart of the idea of India.”