The National Investigation Agency (NIA) on Monday urged the Delhi High Court to hold in-camera proceedings in its plea seeking the death penalty for Yasin Malik, the Kashmiri separatist leader and chief of the banned JKLF, who is currently serving a life sentence in a terror-funding case.
Appearing via video conference from Tihar Jail, Malik submitted before a Bench of Justices Vivek Chaudhary and Manoj Jain that he had been living under “mental agony for the last three years” over the possibility of being awarded capital punishment.
The anti-terror agency, citing the sensitivity of the case and security concerns, requested the Justice Chaudhary-led Bench to restrict public access and provide a private virtual link.
Observing that it will consider the NIA’s plea for in-camera proceedings, the Delhi High Court posted the matter for further hearing on January 28 next year.
The NIA has challenged the trial court’s 2022 judgment that sentenced Malik to life imprisonment after he pleaded guilty to charges under the Unlawful Activities (Prevention) Act and IPC.
Appealing against the sentence, the Central agency emphasised that a terrorist cannot be sentenced to a life term only because he has pleaded guilty and chosen not to go through trial.
While seeking enhancement of the sentence to the death penalty, the NIA said if such dreaded terrorists are not given capital punishment on account of pleading guilty, there would be complete erosion of the sentencing policy, and terrorists would have a way out to avoid capital punishment.
The trial court, which rejected the NIA’s plea for the death penalty, had said the crimes committed by Malik struck at the “heart of the idea of India” and were intended to forcefully secede Jammu and Kashmir from the Union of India.
Malik, who declined to appoint a lawyer and chose to argue the case himself, has been appearing virtually following an August 2024 court order that barred his physical presence due to security threats.
The now-banned JKLF chief is also facing trial in the 1990 killing of four IAF personnel in Srinagar, where a key eyewitness — a retired IAF officer — has identified him as the main shooter. (Agencies)
