Produce Yasin Malik Through VC During Hearing Of NIA’s Appeal Seeking Death Penalty: Delhi High Court Directs Tihar Jail Superintendent

The Delhi High Court on Friday directed the Tihar jail superintendent to produce Kashmiri separatist leader Yasin Malik, convicted in a terror funding case, via video conferencing only and not in person on August 09, when the appeal moved by NIA seeking death penalty for him is listed for hearing.

A division bench of Justice Siddharth Mridul and Justice Anish Dayal allowed an urgent application moved by Tihar jail authorities to produce Malik through video conferencing.

The court modified its earlier order passed on May 29 issuing production warrants against Malik for August 09. The jail authorities had moved the application citing heavy security issue” in producing Malik physically in court.

During the hearing, Delhi Government’s Standing Counsel (criminal) Sanjay Lao, appearing for the jail authorities, referred to an order issued by the President of India last year stating that Malik is a threat to the society and thus, he shall not be moved out from jail or taken out from Delhi till one year or completion of his trial.

“Recently the Supreme Court [asked] why this man is here (apex court) when there is an order passed by the President,” Lao told the court.

Taking note of the order issued by the President of India, the court ordered:

“In that view of the matter, the order dated May 29, 2023, is necessarily modified to the extent that the jail superintendent is directed to produce Yasin Malik through VC alone on August 09 and not in person. No further directions are necessary to be passed in the application. The application is allowed and disposed of accordingly."

The jail authorities, in the application, submitted that Malik has been lodged under the category of very high risk prisoners and thus, it is imperative that he is not physically produced in order to maintain public order and safety.

Malik was sentenced to life imprisonment by a special NIA court in May last year. He had pleaded guilty in the case and did not contest to the charges against him.

While awarding him life sentence, Special Judge Praveen Singh had observed that the crime failed the test of rarest of rare case as held by the Apex Court.

The judge had also rejected Malik's submission that he had followed Gandhian principle of non violence and was spearheading a peaceful non violent struggle.

The court had framed charges against Malik and various others under Unlawful Activities Prevention Act (UAPA) in the case, in March last year.

Others who were charged and claimed trial were Hafiz Muhammad Saeed, Shabbir Ahmad Shah, Hizbul Mujahideen Chief Salahuddin, Rashid Engineer, Zahoor Ahmad Shah Watali, Shahid-ul-Islam, Altaf Ahmad Shah @ Fantoosh, Nayeem Khan, Farooq Ahmad Dar alias Bitta Karate.

However, the Court had discharged three men namely Kamran Yusuf, Javed Ahmad Bhatt and Syeda Aasiya Firdous Andrabi.

Title: STATE (NATIONAL INVESTIGATION AGENCY) v. MOHD YASIN MALIK

Citation: 2023 LiveLaw (Del) 648