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NIA now seeks in-camera hearing in plea against Yasin Malik; HC hearing on Jan 28
In his affidavit, Yasin Malik said he had worked closely with govt and intelligence officials in the past and held closed-door meetings with dignitaries
NEW DELHI: The Delhi high court on Monday said it will consider on January 28 a request by the National Investigation Agency (NIA) to hold in-camera proceedings on its petition seeking the death penalty for Jammu Kashmir Liberation Force (JKLF) chief Yasin Malik in a terror funding case.
“We will consider. List on January 28,” a bench of justices Vivek Chaudhary and Manoj Jain said on Monday, following a request by NIA counsel Akshai Malik to provide a separate video link, which would not be accessible to the public in this case.
The high court is hearing an appeal filed by NIA against a May 24, 2022, verdict by the trial court that awarded life imprisonment to Yasin Malik after convicting him for various offences under the stringent Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code. Yasin was convicted after he pleaded guilty in 2017 to charges related to terror funding, spreading terrorism and secessionist activities in Kashmir.
At Monday’s hearing, NIA also sought more time to respond to the Kashmiri separatist leader’s affidavit filed in August.
Yasin Malik, appearing virtually, opposed NIA’s request for an adjournment, contending that keeping him “in limbo” on the question of the death penalty amounted to psychological torture.
“It’s been three years since NIA’s appeal has been pending. I had served the affidavit three months ago. Keeping a person in psychological torture, whether he will be hanged or not…,” Yasin said, speaking in Hindi.
On August 9, 2024, the JKLF chief told the high court that he would argue his case in person.
In his 85-page reply to NIA’s petition, Yasin Malik, who is currently lodged in Tihar prison, said that he had been closely working with government and intelligence officials and had been in touch with dignitaries following a ceasefire agreement after his decision to renounce armed struggle in 1994.
Yasin’s affidavit claimed closed-door meetings with top government representatives, as well as apparent interactions with prominent figures. He added that successive Union governments honoured the ceasefire agreement with him and that he was also granted bail in 32 pending militancy cases.
“None of these cases against me were pursued, thereafter, in terms of understanding under the ceasefire agreement, during the dispensations of Shri. PV Narasimha Rao. The promise was kept by every single dispensation of the Indian government, including by the PM Shri Narendra Modi in his first phase till 2019,” the affidavit said.
Yasin Malik was awarded a life term in 2022 for two offences – section 121 (waging war against the government of India) of the IPC and section 17 (raising funds for a terrorist act) of the UAPA. Under section 121 (waging war against the State) of the IPC, the minimum punishment is life imprisonment, while the maximum is death.
Even though Malik was convicted for waging war against the State, the court at the time of his conviction noted that this case did not fall under the category of “rarest of rare crime”, warranting the death penalty.
