The Delhi High Court has sought a reply from Kashmiri separatist leader Yasin Malik on the National Investigation Agency's (NIA) appeal seeking the death penalty in a terror funding case. A Division Bench of Justice Vivek Chaudhary and Justice Shalinder Kaur has given Malik four weeks to file his response, listing the matter for further hearing on November 10.
During the hearing, Advocate Akshai Malik, appearing as special counsel for the NIA, referred to an earlier order dated August 9, 2024, in which Yasin Malik had stated his intention to defend himself. That order allowed him to attend court proceedings virtually, instead of in person, due to security concerns.
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The Bench noted that Malik did not appear via video conferencing in the latest hearing and directed that he must attend virtually on the next date.
In May 2022, the trial court sentenced Malik to life imprisonment after he pleaded guilty to offences under the Unlawful Activities (Prevention) Act (UAPA). The court declined the prosecution’s request for the death penalty, ruling that the case did not meet the “rarest of rare” standard defined by the Supreme Court.
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The trial court rejected Malik’s claim of following Gandhian principles of non-violence, stating that the evidence contradicted his assertion of leading a peaceful struggle.
Charges were framed in March 2022 against Malik and several co-accused, including Hafiz Muhammad Saeed, Shabbir Ahmad Shah, Hizbul Mujahideen chief Syed Salahuddin, Rashid Engineer, Zahoor Ahmad Shah Watali, Shahid-ul-Islam, Altaf Ahmad Shah alias Fantoosh, Nayeem Khan, and Farooq Ahmad Dar alias Bitta Karate.
Three accused - Kamran Yusuf, Javed Ahmad Bhatt, and Syeda Aasiya Firdous Andrabi - were discharged from the case.
Title: NIA v. Yasin Malik
