India News | Delhi HC Seeks Tihar Jail Report on Yasin Malik’s Non-appearance in Death Penalty Appeal
Get latest articles and stories on India at LatestLY. A division bench of Justice Navin Chawla and Justice Arun Bhardwaj directed the jail authorities to explain the circumstances surrounding Malik’s absence and ordered that he be produced virtually on the next date of hearing.
New Delhi [India], October 14 (ANI): The Delhi High Court on Wednesday sought a report from the Tihar Jail superintendent on the non-appearance of Kashmiri separatist leader Yasin Malik through video conferencing during the hearing of the National Investigation Agency’s (NIA) appeal seeking enhancement of his life sentence to the death penalty in a terror funding case.
A division bench of Justice Navin Chawla and Justice Arun Bhardwaj directed the jail authorities to explain the circumstances surrounding Malik’s absence and ordered that he be produced virtually on the next date of 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 said.
Special Public Prosecutor Akshai Malik, appearing for the NIA, informed the court that Yasin Malik had expressed a desire to argue the matter himself.
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The development comes as the High Court examines the NIA’s plea seeking the death penalty for Malik, who is serving a life sentence following his conviction in a terror funding case.
In a detailed rejoinder affidavit filed recently before the High Court, the NIA has argued that Malik’s claims of having maintained working relationships with successive Indian Prime Ministers and engaging with senior political leaders are irrelevant to the criminal proceedings and cannot be grounds for leniency.
The agency has alleged that Malik was in contact with top Pakistani leaders, including the country’s Prime Minister and President, and used those links to propagate the secession of Jammu and Kashmir from India.
The NIA has maintained that his references to political leaders, bureaucrats and other public figures are intended to generate public sympathy and have no bearing on the offences for which he was convicted.
Malik had claimed that he had a “working relationship” with six successive governments since 1990, headed by former Prime Ministers VP Singh, Chandra Shekhar, PV Narasimha Rao, HD Deve Gowda, IK Gujral, Atal Bihari Vajpayee and Manmohan Singh.
He had also asserted that he was repeatedly engaged by governments in power to participate in dialogue on issues concerning Kashmir, regional stability, security, progress and peace, and was persuaded to speak on international platforms.
The NIA, however, has contended that such claims do not absolve Malik of criminal liability or diminish the seriousness of the offences established against him.
According to the agency, its investigation uncovered a larger conspiracy involving separatist leaders and banned terrorist organisations, including Hizbul Mujahideen and Lashkar-e-Taiba, to wage war against the Government of India and raise funds through illegal channels, including hawala, to support terror activities in Jammu and Kashmir.
The agency has alleged that Malik, as head of a faction of the Jammu and Kashmir Liberation Front (JKLF), played a key role in propagating separatist ideology and maintaining links with militant groups.
Malik was arrested in April 2019 and subsequently prosecuted under various provisions of the Indian Penal Code and the Unlawful Activities (Prevention) Act. He pleaded guilty before the trial court and was convicted on all charges.
While sentencing him to life imprisonment, the special NIA court had held that the case did not meet the “rarest of rare” threshold required for imposing the death penalty. It had also rejected his defence that he followed Gandhian principles of non-violence and was leading a peaceful movement.
The NIA has challenged the sentence, arguing that it warrants enhancement to the death penalty. It has further contended that Malik’s reply contains personal narratives, political commentary and emotional assertions that are irrelevant to the determination of the sentence. (ANI)
(The above story is verified and authored by ANI staff, ANI is South Asia's leading multimedia news agency with over 100 bureaus in India, South Asia and across the globe. ANI brings the latest news on Politics and Current Affairs in India & around the World, Sports, Health, Fitness, Entertainment, & News. The views appearing in the above post do not reflect the opinions of LatestLY)