New Delhi: The Delhi High Court on Monday sought separatist leader Yasin Malik’s response on a plea filed by the National Investigation Agency seeking death penalty for him in a terror funding case.
A bench of Justices Vivek Chaudhary and Shalinder Kaur granted four weeks to Malik to file his response to the NIA’s petition.
The court posted the hearing for November 10.
Malik, who previously sought to argue in-person against NIA’s plea seeking the enhancement, was supposed to appear virtually from jail but wasn’t produced.
The Jammu and Kashmir Liberation Front chief (JKLF) is lodged in Tihar jail where he is serving a life term in the case.
The high court noted that neither Malik was produced virtually in the proceedings from jail nor he filed his reply to NIA’s plea in pursuance to the court’s August 9, 2024 order.
On August 9, Malik was directed to be produced virtually and not physically due to security threats.
On Monday, the bench directed the jail authorities to produce him virtually on November 10.
Malik last year turned down the court’s suggestion to appoint a lawyer on his behalf and said he wished to argue the case in-person.
On May 29, 2023, the high court issued notice to Malik on the NIA’s plea seeking death penalty.
Subsequently, jail authorities filed an application seeking permission for his virtual appearance on grounds that he was a “very high-risk prisoner” and it was imperative to not physically produce him in court to maintain public order and safety.
The request was allowed by the high court.
On May 24, 2022, a trial court sentenced Malik to life imprisonment after holding him guilty for offences under the stringent Unlawful Activities (Prevention) Act (UAPA) and IPC.
Malik had pleaded guilty to the charges, including those under the UAPA, and was convicted and sentenced to life imprisonment.
Appealing against the sentence, the NIA emphasised that a terrorist cannot be sentenced life term only because he has pleaded guilty and chosen not to go through trial.
While seeking enhancement of the sentence to death penalty, the NIA said if such dreaded terrorists are not given capital punishment on account of pleading guilty, there would be complete erosion of the sentencing policy and terrorists would have a way out to avoid capital punishment.
The trial court, which rejected the NIA’s plea for death penalty, had said the crimes committed by Malik struck at the “heart of the idea of India” and were intended to forcefully secede Jammu and Kashmir from the Union of India.
