Daijiworld Media Network - Srinagar
Srinagar, Aug 11: The Delhi High Court on Monday granted Jammu and Kashmir Liberation Front (JKLF) leader Yasin Malik four weeks to file his response to the National Investigation Agency’s (NIA) plea seeking enhancement of his life sentence to the death penalty in a 2017 terror funding case.
A division bench comprising Justices Vivek Chaudhary and Shalinder Kaur posted the matter for further hearing on November 10, instructing Tihar Jail authorities to produce Malik virtually, citing security concerns. Malik was also supposed to appear virtually during Monday’s proceedings but was not produced.
Malik is currently serving a life sentence in Tihar Jail after he pleaded guilty to charges under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC). The trial court sentenced him on May 24, 2022, while rejecting the NIA’s demand for capital punishment.
However, the NIA appealed that life imprisonment was not sufficient, arguing that Malik’s guilty plea should not exempt him from the maximum punishment.
“If dreaded terrorists avoid capital punishment by pleading guilty, it erodes the sentencing policy,” the NIA stated.
The High Court had earlier, in May 2023, issued a notice to Malik regarding the NIA’s appeal. Malik has consistently refused legal representation, opting to argue the case himself.
Malik was earlier directed to appear virtually on August 9, 2024, but failed to comply. The court has now reiterated that due to his high-risk status, he will not be physically produced in court for security reasons.
Additional Charges Against Malik
Apart from the terror funding case, Malik is also undergoing trial for the 1990 killing of four Indian Air Force (IAF) personnel, including Squadron Leader Ravi Khanna, and the injuring of 22 others in Srinagar.
In a recent hearing, a retired IAF officer — a key eyewitness — identified Malik as the shooter, stating under oath that Malik lifted his traditional Kashmiri cloak (pheran) and opened fire on the unarmed personnel using an automatic rifle.
Malik, incarcerated since 2019, attended the proceedings via video link from Tihar Jail.
The November hearing is expected to be a key moment in a case that has significant political, legal, and national security implications.