NIA urges Delhi HC to hear Yasin Malik death penalty plea in-camera

The National Investigation Agency (NIA) on Monday urged the Delhi High Court to conduct in-camera proceedings in its appeal seeking death penalty for Kashmiri separatist leader Yasin Malik in a terror funding case.

Appearing before a Division Bench of Justices Vivek Chaudhary and Manoj Jain, Special Public Prosecutor (SPP) Akshai Malik sought a closed hearing and requested that the court provide a virtual link for the proceedings “which is not public.” The Bench said it would consider the request.

In-camera hearings are held behind closed doors, with access restricted to the parties involved and not open to the public or media.

During the hearing, Malik joined the proceedings from Tihar Jail via video conference. Expressing anguish over the prolonged uncertainty surrounding the appeal, he said, “Teen saal ho gaye is appeal ko aur meri affidavit ko bhi teen maheene ho gaye. Ek shaksh ko psychological torture mein rakhna ki faansi hai ya nahi…”

The court fixed the matter for further hearing on January 28.

The NIA has challenged the trial court’s May 2022 order that sentenced Malik to life imprisonment, seeking instead that he be awarded capital punishment for his alleged role in terror funding and violent activities in Kashmir. According to the agency, Malik was the “mastermind” behind terror operations in the Valley.

Before the trial court, the NIA had also pressed for a death sentence. However, the Special Judge rejected the request, observing that capital punishment is reserved for “the rarest of rare” cases that “shock the collective conscience of society.”

In his affidavit before the High Court, Malik claimed he was engaged by successive governments, from those led by VP Singh to Manmohan Singh, to facilitate dialogue on the Kashmir issue. He said he had met Pakistan-based terrorist Hafiz Saeed and other militant leaders in 2006 at the request of then Intelligence Bureau Special Director VK Joshi.