‘Very high risk prisoner’: NIA seeks modification of Yasin Malik’s physical presence in court

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The National Investigation Agency (NIA) moved Delhi High Court seeking modification of the court’s order directing physical presence of Jammu Kashmir Liberation Front (JKLF) chief Yasin Malik.

The Delhi High Court in its last order, while hearing the NIA appeal seeking capital punishment or death penalty for Yasin Malik in the “terror funding case”, had issued warrant for Yasin Malik to be present before the court on the next date of hearing on 9 August 2023.

The NIA in its application stated that Yasin Malik has been lodged in the Tihar Jail, New Delhi under the category of very high risk prisoners and thus, the present application is in relation to a heavy security issue.

Therefore, it is imperative that the Respondent/Convict Yasin Malik is not physically produced before this Court in order to maintain public order and safety.

“He should be allowed to join the proceedings through Video Conferencing,” the NIA said.

The Delhi High Court on 29 May 2023 had issued notice to Yasin Malik on NIA appeal seeking capital/death penalty for him (Yasin Malik) in a “terror funding case”. NIA argued that it is a “rarest of rare” case.

The Trial Court last year had awarded life imprisonment to Yasin Malik in a militant funding case. The Division Bench of Siddharth Mridul and Justice Talwant Singh after noting down the submissions made, issued notice to Yasin Malik through Jail superintendent as Yasin Malik is lodged in Tihar Jail. He is the sole respondent in the appeal, noted the court.

Meanwhile, the bench had also issued production warrant for Yasin Malik to be present before Court on the next date of hearing on 9 August 2023.

Appearing for NIA, Solicitor General Tushar Mehta submitted that Yasin Malik is responsible for killing four IAF personnel and kidnapping of Rubaiya Sayeed. He also submitted that four militants, who were released after the kidnapping masterminded 26/11 Bombay attacks.

Solicitor General Tushar Mehta appeared for NIA submitted that, accused Malik crossed over to Pakistan in 1980s to recieve training in handling weapons. ISI helped him to become head of JKLF.

NIA stated that the respondent/accused over decades has been indulging and spearheading militant activities in the valley and with the help of dreaded foreign militant organisations, having interest inimical to India, has been masterminding, planning, engineering and executing armed rebellion in the valley in an attempt to usurp the sovereignty and integrity of a part of India.

Earlier on May 25, 2022 the trial court Judge while sentenced life imprisonment to JKLF leader Yasin Malik in terror funding case said, in my opinion, there was no reformation of this convict. It may be correct that the convict may have given up the gun in the year 1994, but he had never expressed any regret for the violence he had committed prior to the year 1994.

The NIA charge sheet submitted in the case stated that the Central Government received credible information that Hafiz Muhammad Saeed, Amir of Jammat-ud-Dawah and the secessionist and separatist leaders including the members of Hurriyat Conference have been acting in connivance with active militants of proscribed militant organizations like HM, LeT etc. for raising, receiving and collecting funds domestically and abroad through various illegal channels including hawala.

The NIA also stated before the court that this has been done for funding separatist and militant activities in J-K and as such, they have entered into a larger conspiracy for causing disruption in the valley by way of pelting stones on government forces, systematically burning schools, damage to public property and waging war against India. (ANI)

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