SRINAGAR: The National Investigation Agency (NIA) has filed an application in the Delhi High Court requesting a modification of the court’s order that mandates the physical presence of Jammu Kashmir Liberation Front (JKLF) chief Yasin Malik. This move comes in relation to the NIA’s appeal seeking capital punishment for Yasin Malik in a militancy funding case, media reports said.
The previous order from the Delhi High Court had issued a warrant for Yasin Malik to be present at the court for the next hearing on August 9, 2023. However, the NIA’s application argues that Yasin Malik is currently lodged in the high-security Tihar Jail, posing a significant security concern. To address this issue, the NIA proposes that Yasin Malik should participate in the proceedings through video conferencing instead of being physically produced in court.
The NIA’s appeal seeks capital punishment for Yasin Malik, stating that it is a “rarest of rare” case. He was previously awarded life imprisonment by the Trial Court in the same terror funding case. The Division Bench of Siddharth Mridul and Justice Talwant Singh, taking note of the submissions, issued a notice to Yasin Malik through the Jail superintendent, as he is currently lodged in Tihar Jail, and he is the sole respondent in the appeal.
During the hearing, Solicitor General Tushar Mehta, representing the NIA, presented arguments against Yasin Malik. He accused Yasin Malik of being responsible for the killing of four IAF personnel and the kidnapping of Rubaiya Sayeed. Mehta also claimed that Yasin Malik had masterminded the release of four terrorists involved in the 26/11 Mumbai attacks. The NIA further alleged that Yasin Malik had received training in handling weapons in Pakistan in the 1980s and was aided by the ISI to become the head of JKLF.
The NIA emphasised that giving capital punishment only on the grounds of pleading guilty would erode the sentencing policy of the country, providing a way for dreaded terrorists to avoid such penalties even after committing heinous acts of war against the state. They argued that Yasin Malik’s actions had caused irreparable grief to the nation, especially to the families of the soldiers who lost their lives in the violence orchestrated by him and foreign militant organisations with hostile intentions towards India.
Earlier, on May 25, 2022, the trial court had sentenced Yasin Malik to life imprisonment in the terror funding case, citing the lack of reformation and remorse for his past violent acts.
The NIA’s charge sheet revealed that the Central Government had credible information about secessionist and separatist leaders, including members of the Hurriyat Conference, colluding with active militants of proscribed militancy organisations to raise funds through illegal channels like Hawala, both domestically and abroad, to finance separatist and militant activities in Jammu and Kashmir.
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