Delhi HC to hear NIA's death penalty plea against Yasin Malik on January 28; Agency requests in-camera proceedings

New Delhi [India], November 10 (ANI): The Delhi High Court has listed January 28 as the date for arguments in the National Investigation Agency's (NIA) appeal seeking the death penalty for Jammu & Kashmir Liberation Front (JKLF) chief Yasin Malik, who is currently serving a life sentence in a 2017 terror-funding case.
During the hearing on Monday, Special Public Prosecutor Akshai Malik, appearing for the NIA, requested the court to conduct the proceedings in camera and to provide a private virtual link that would not be accessible to the public. The Division Bench of Justices Vivek Chaudhary and Manoj Jain said it would consider the agency's request.
Yasin Malik, who appeared virtually from Tihar Jail and represented himself, expressed anguish over the prolonged delay in the appeal, stating, "It's been three years since the NIA filed the appeal. Keeping a person in limbo about whether he will be awarded the death sentence or not is psychological torture."
Earlier, Malik had submitted an affidavit claiming that his 2006 meeting with Hafiz Saeed in Pakistan took place at the behest of India's Intelligence Bureau (IB) during a visit for earthquake relief work. He said he later briefed then Prime Minister Manmohan Singh and National Security Advisor NK Narayanan about the meeting, but it was subsequently distorted to portray him as a terrorist.
Malik also alleged that six successive Indian governments had engaged him in peace initiatives on Kashmir, beginning from the VP Singh era through to the Manmohan Singh government. He claimed that senior officials such as Ajit Doval, Shyamal Dutta, and Brajesh Mishra were involved in the dialogue process during the Vajpayee era. In 2002, he launched a signature campaign across Jammu and Kashmir, claiming to have collected 1.5 million signatures to promote a non-violent democratic culture in the region.
Malik was convicted in May 2022 under the Unlawful Activities (Prevention) Act (UAPA) after pleading guilty. The trial court ruled that his case did not fall under the "rarest of rare" category, warranting capital punishment. The NIA, however, has accused Malik and others, including Hafiz Saeed, Syed Salahuddin, and Shabbir Shah, of conspiring with Pakistan-based groups to incite unrest in Kashmir. A UAPA tribunal recently extended the ban on the JKLF for another five years, citing "zero tolerance" for secessionist organisations.
In his affidavit, Malik also addressed the possibility of a death sentence, stating, "If my death finally gives respite to some, let it be so. I shall go with a smile but with pride and honour."
He likened himself to Maqbool Bhat, who was executed in 1984, and quoted Shakespeare: "Be absolute for death; for either death or life shall be the sweeter." (ANI)