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NIA moves Delhi HC to stop Yasin Malik’s physical presence in court

Jammu and Kashmir Liberation Front (JKLF) chairman Yasin Malik

The National Investigation Agency (NIA) moved Delhi High Court seeking modification of the court’s order directing physical presence of Jammu Kashmir Liberation Front (JKLF) chief Yasin Malik.

The Delhi High Court in its last order, while hearing the NIA appeal seeking capital punishment or death penalty for Yasin Malik in the terror funding case, had issued warrant for Yasin Malik to be present before the court on the next date of hearing on August 9, 2023. The NIA in its application stated that Yasin Malik has been lodged in the Tihar Jail, New Delhi under the category of very high risk prisoners and thus, the present application is in relation to a heavy security issue.

Therefore, it is imperative that the Respondent/Convict Yasin Malik is not physically produced before this Honourable Court in order to maintain public order and safety. “He should be allowed to join the proceedings through Video Conferencing,” the NIA said.
The Delhi High Court on May 29, 2023 had issued notice to Yasin Malik on NIA appeal seeking capital/death penalty for him (Yasin Malik) in a terror funding case. NIA argued that it is a “rarest of rare” case.

The Trial Court last year had awarded life imprisonment to Yasin Malik in a terror funding case. The Division Bench of Siddharth Mridul and Justice Talwant Singh after noting down the submissions made, issued notice to Yasin Malik through Jail superintendent as Yasin Malik is lodged in Tihar Jail. He is the sole respondent in the appeal, noted the court.

Meanwhile the bench had also issued production warrant for Yasin Malik to be present before Court on the next date of hearing on August 9, 2023.

Appearing for NIA, Solicitor General Tushar Mehta submitted that Yasin Malik is responsible for killing four IAF personnel and kidnapping of Rubaiya Sayeed. He also submitted that four terrorists, who were released after the kidnapping masterminded 26/11 Bombay attacks.
Solicitor General Tushar Mehta appeared for NIA submitted that, accused Malik crossed over to Pakistan in 1980s to recieve training in handling weapons. ISI helped him to become head of JKLF.

NIA in its appeal submitted that if such dreaded terrorist are not given capital punishment only on the ground that they have pleaded guilty, then the same will result in complete erosion of the sentencing policy of the country and will result into creation of a device, whereby, such dreaded terrorist after indulging, waging and spearheading an “act of war against the state”, in case cought, would have a way out to avoid capital punishement

NIA in its appeal also stated that the crime committed by such dreaded terrorists, where due to their ‘act of war’, the nation has lost its valuable soldiers and have perpetrated irreparable greif not only to the family members of the soldiers but to the entire nation.
NIA stated that the respondent/accused over decades has been indulging and spearheading terrorist activities in the valey and with the help of dreaded foreign terrorist organisations, having interest iminical to India, has been masterminding, planning, engineering and executing armed rebellion in the valey in an attempt to usurp the soverinigty and integrity of a part of India.

Earlier on May 25, 2022 the trial court Judge while sentenced life imprisonment to JKLF leader Yasin Malik in terror funding case said, in my opinion, there was no reformation of this convict. It may be correct that the convict may have given up the gun in the year 1994, but he had never expressed any regret for the violence he had committed prior to the year 1994.

The NIA charge sheet submitted in the case stated that the Central Government received credible information that Hafiz Muhammad Saeed, Amir of Jammat-ud-Dawah and the secessionist and separatist leaders including the members of Hurriyat Conference have been acting in connivance with active militants of proscribed terrorist organizations like HM, LeT etc. for raising, receiving and collecting funds domestically and abroad through various illegal channels including hawala.

The NIA also stated before the court that this has been done for funding separatist and terrorist activities in J&K and as such, they have entered into a larger conspiracy for causing disruption in the valley by way of pelting stones on security forces, systematically burning schools, damage to public property and waging war against India.