Delhi High Court To Hear In April NIA's Plea Seeking Death Penalty For Yasin Malik

The Delhi High Court on Wednesday (January 28) granted time to National Investigation Agency to submit its rejoinder to Kashmiri separatist leader Yasin Malik's reply in the agency's appeal seeking death penalty for Malik in a terror funding case. 

During the hearing, SPP Akshai Malik appearing for NIA, before a division bench of Justice Navin Chawla and Justice Ravinder Dudeja sought some time to file the agency's rejoinder to Yasin Malik's reply, stating that it had gone for vetting. 

Opposing this request Yasin Malik said, "On every date, inki yahi hai...ki ek aur date le lo (They want to take a date every time)".

To this SPP said, "This might not be factually correct. We filed the petition, the respondent took over a year to file a reply. Only on the last date, thats one occassion till now, we had sought time because it was a very very longish reply, covering various aspects which do not relate to the case. In fact on the last date we had also requested the hon'ble court...which the court said it would consider when matter is ripe for hearing...for doing an in camera proceeding. Rejoinder has gone for vetting, lordship may give me two or three weeks". 

Representing himself Yasin Malik, who was appearing from the Tihar Jail through video conferencing said, "Inhone mujhe physically bhi le jaana band kar diya. Abb...Ye Live Streaming hai ye NIA chahte hain...". 

For context, previously the NIA had urged the High Court to hold private hearings in the matter. SPP Akshai Malik had requested that the proceedings be heard on a private link which is not accessible to all, emphasising it to be not conducted in an open court. At that time the court had said that it will consider the same. 

After hearing the matter for some time the court in its order dictated: "Counsel for appellant is granted four weeks further time as last opportunity to file rejoinder. List on April 22". 

NIA had earlier sought time to respond to Malik's response to the appeal, saying that it is long and is under consideration. Malik, on the other hand, had earlier requested for a short date saying that the matter is pending since last three years.

Responding to the plea, Yasin Malik said that he had "working relationship" with six consecutive governments since 1990, headed by then Prime Ministers VP Singh, Chandra Shekhar, PV Narsimha Rao, HG Devagauda, Inder Kumar Gujral, Atal Bihari Vajpayee and Manmohan Singh.

Yasin claimed he was engaged for dialog on issues pertaining to Kashmir and regional stability, security, progress and peace. "I was actively roped in time and again by the said governments in power and was actively persuaded to speak on international platforms," he said.

Yasin Malik was awarded life sentence in the case by the trial court in May 2022. He had pleaded guilty in the case and did not contest the charges against him.

While awarding the respondent a life sentence, the Special Judge had observed that the crime failed the test of the rarest of rare cases as held by the Apex Court.

The judge had also rejected the respondent's submission that he had followed the Gandhian principle of non-violence and was spearheading a peaceful non-violent struggle.

The court had framed charges against Yasin Malik and various others under the Unlawful Activities Prevention Act (UAPA) in the case, in March 2022.

Others who were charged and claimed trial were Hafiz Muhammad Saeed, Shabbir Ahmad Shah, Hizbul Mujahideen Chief Salahuddin, Rashid Engineer, Zahoor Ahmad Shah Watali, Shahid-ul-Islam, Altaf Ahmad Shah @ Fantoosh, Nayeem Khan, Farooq Ahmad Dar alias Bitta Karate.

However, the Court had discharged three men namely Kamran Yusuf, Javed Ahmad Bhatt and Syeda Aasiya Firdous Andrabi.

The matter is now listed on April 22. 

Case Title: NIA v. Yasin Malik

CRL.A. 436/2023