Want to argue in person, Yasin Malik tells Delhi high court
Yasin Malik declined a suggestion by a bench of justices Suresh Kumar Kait and Girish Kathpalia to appoint a lawyer of his own choice or an amicus to aid him in legal proceedings
Kashmiri separatist leader Yasin Malik informed the Delhi high court on Friday that he wants to argue in person and defend himself in the National Investigation Agency’s (NIA) plea seeking the death penalty for him in a terror funding case. He declined a suggestion by a bench of justices Suresh Kumar Kait and Girish Kathpalia to appoint a lawyer of his own choice or an amicus to aid him in legal proceedings.
“I want to argue my case in person. I have a right to a fair trial. In this case, I will argue myself, in person. I did not engage any lawyer in the trial court. I do not want to engage any lawyer here also,” said Malik, who was produced from the Tihar Jail virtually. He added he was physically produced in the trial court by the NIA until he was convicted.
He said that no law-and-order situation occurred during his physical production in the trial court and there was no reason why the same could not be done in the high court.
The court took note of its August 4, 2023, order directing Tihar prison authorities to produce him virtually and not in person. It asked him to “think again about its suggestion” regarding the appointment of a lawyer.
The bench said that the petition required “substantial hearing” from Malik’s side which was not possible virtually and granted him time to decide if he would reply to the plea or written submissions with case laws. “Pursuant to the order dated August 4, this court asked the respondent whether he would like to file a reply to the appeal or written submission with case laws. He seeks time to think about and inform the court. The respondent was given an option to either appoint an amicus to assist him or a lawyer, but he declined both options and said he wanted to argue the case in person. He can think again and inform the court on the next date of hearing,” the court said.
The August 4, 2023, high court order was passed after the authorities filed an application seeking modification of its May 29 order allowing Malik’s physical presence, citing “heavy security issue”. The court directed the authorities to produce Malik virtually, taking note of the Union home ministry’s order which said that Malik could neither be moved from Tihar Jail nor be taken out of the national capital’s jurisdiction.
NIA approached the high court in May last year seeking a death penalty for Malik after the trial court awarded him a life term holding him guilty under the stringent Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code. He was convicted after pleading guilty to charges related to terror funding, spreading terrorism, and secessionist activities in Kashmir in 2017.