Delhi HC Seeks Tihar Report Over Yasin Malik’s Absence
The Delhi High Court has sought a report from Tihar Jail after separatist leader Yasin Malik failed to appear via video conferencing for his death penalty appeal.
The Delhi High Court has taken a serious view of the absence of Kashmiri separatist leader Yasin Malik during a critical hearing regarding his legal battle. A division bench comprising Justice Navin Chawla and Justice Arun Bhardwaj has directed the Tihar Jail superintendent to submit a formal report explaining why Malik failed to appear through video conferencing.
The hearing pertains to an appeal filed by the National Investigation Agency (NIA), which is seeking to enhance Malik's current life sentence to the death penalty in a high-profile terror funding case.
Court Orders Virtual Appearance
During the proceedings, the court expressed concern over the lack of connectivity or presence of the accused. The bench has issued a clear directive to the jail authorities to ensure that Malik is produced virtually during the next scheduled hearing. “Let a report in this regard be called from the concerned jail superintendent. On the next date, the respondent (Yasin Malik) shall be made to join the proceedings virtually,” the bench stated.
Special Public Prosecutor Akshai Malik, representing the NIA, informed the court that the separatist leader had previously expressed a specific desire to argue his own case personally.
The NIA's Push for Death Penalty
The legal battle centers on the NIA's contention that Malik's crimes warrant the ultimate punishment. While a special NIA court had previously sentenced him to life imprisonment—noting the case did not meet the "rarest of rare" criteria for execution—the agency is challenging that decision.
The NIA has presented several arguments in its recent rejoinder affidavit to counter Malik's defense:
- Irrelevant Claims: The agency argued that Malik’s claims of having "working relationships" with six successive Indian Prime Ministers are irrelevant to his criminal liability.
- Political Sympathy: The NIA alleges that Malik’s references to high-ranking bureaucrats and political leaders are merely attempts to generate public sympathy.
- Terror Links: The investigation alleges Malik maintained contact with top Pakistani leaders, including their President and Prime Minister, to further the cause of secession in Jammu and Kashmir.
- Terror Funding Conspiracy: The agency claims Malik, as a leader of a faction of the Jammu and Kashmir Liberation Front (JKLF), was part of a larger conspiracy involving groups like Hizbul Mujahideen and Lashkar-e-Taiba to raise funds through illegal hawala channels.
Malik's Defense vs. Prosecution Claims
Yasin Malik has previously asserted that he maintained professional ties with governments ranging from those of VP Singh and Atal Bihari Vajpayee to Manmohan Singh. He claimed he was often engaged by the state to participate in dialogues regarding regional stability and peace.
However, the prosecution maintains that these narratives do not absolve him of the offences for which he was convicted. Malik was arrested in April 2019 and subsequently pleaded guilty to charges under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code. The NIA continues to argue that the gravity of his role in propagating separatist ideology and supporting militant activities necessitates the death penalty.