New Delhi [India]: The Delhi High Court on Monday scheduled January 28 for hearing arguments in the National Investigation Agency’s (NIA) plea 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 proceedings, Special Public Prosecutor Akshai Malik, representing the NIA, requested the court to hold the hearings in camera and to provide a private virtual link inaccessible to the public. The Division Bench of Justices Vivek Chaudhary and Manoj Jain said the request would be taken under consideration.
Appearing virtually from Tihar Jail, Malik—who represented himself—expressed frustration over the delay, 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.”
In an earlier affidavit, Malik claimed that his 2006 meeting with Hafiz Saeed in Pakistan took place at the behest of India’s Intelligence Bureau (IB) during an earthquake relief visit. He said he had subsequently briefed then Prime Minister Manmohan Singh and National Security Advisor N.K. Narayanan, but the meeting was later misrepresented to portray him as a terrorist.
Malik further alleged that six successive Indian governments had engaged him in peace efforts on Kashmir—from the V.P. Singh to Manmohan Singh eras—and that senior officials including Ajit Doval, Shyamal Dutta, and Brajesh Mishra had been involved in the dialogue process under Atal Bihari Vajpayee’s government. In 2002, he said he launched a signature campaign across Jammu and Kashmir, gathering 1.5 million signatures to promote non-violent, democratic means of resolving issues in the region.
Malik was convicted in May 2022 under the Unlawful Activities (Prevention) Act (UAPA) after pleading guilty. The trial court, however, ruled that his case did not fall within the “rarest of rare” category that warrants a death sentence. The NIA, in its appeal, accuses Malik and others—including Hafiz Saeed, Syed Salahuddin, and Shabbir Shah—of conspiring with Pakistan-based terror outfits to fuel unrest in Kashmir. A UAPA tribunal recently extended the ban on the JKLF for another five years, citing India’s policy of “zero tolerance” toward secessionist activities.
In his affidavit, Malik also reflected on the prospect of execution, saying, “If my death finally gives respite to some, let it be so. I shall go with a smile, but with pride and honour.” Drawing a parallel with Maqbool Bhat, who was executed in 1984, Malik quoted Shakespeare: “Be absolute for death; for either death or life shall be the sweeter.”
