NEW DELHI, Aug 4: On August 4, the Delhi High Court directed that separatist leader Yasin Malik should be virtually produced from jail in connection with the National Investigation Agency’s (NIA) plea seeking the death penalty for him in a terror funding case. The court approved an application by the jail superintendent citing security concerns, and modified the earlier order that required his physical presence.
The high court had previously issued warrants for the production of Yasin Malik, who is currently serving a life term in Tihar jail, on August 9 when the NIA’s plea for sentence enhancement is scheduled for hearing.
The jail authorities argued that Malik was a “very high-risk prisoner,” justifying the decision to avoid his physical presence in court to maintain public order and safety. The Delhi Government standing counsel informed the court about a presidential order preventing Malik from being moved from Tihar Jail.
Recently, Yasin Malik appeared in the Supreme Court in connection with a kidnapping case against him, which raised concerns about security lapses. The Solicitor General of India, Tushar Mehta, brought this matter to the attention of Union Home Secretary Ajay Kumar Bhalla.
In May 2022, a trial court had sentenced Malik to life imprisonment for various offenses under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC). He had pleaded guilty to the charges.
The NIA, appealing against the sentence, argued that a terrorist should not be given life imprisonment solely because they pleaded guilty, as it would undermine the sentencing policy. They sought the death penalty, stating that not awarding capital punishment to dreaded terrorists would result in a miscarriage of justice.
The trial court had rejected the NIA’s plea for the death penalty, stating that while Malik’s crimes struck at the “heart of the idea of India,” the case did not meet the criteria for the “rarest of rare” cases warranting the death penalty.
As per the Supreme Court, life imprisonment means incarceration until the last breath, unless the sentence is commuted by the authorities. Malik was awarded a 10-year jail term for several other offenses.
The virtual production of Yasin Malik on August 9 will be a significant development in the ongoing legal proceedings surrounding the terror funding case.
