The Delhi High Court sought a jail report after Yasin Malik missed his mandated virtual appearance. The lapse emerged during the NIA's appeal seeking capital punishment in the terror-funding case.
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Newdelhi,Oct 14, 2026 13:08 IST
The Delhi High Court on Wednesday sought a report from jail authorities after separatist leader Yasin Malik was not produced virtually before it in a terror funding case. Malik, the chief of the Jammu and Kashmir Liberation Front, is serving a life sentence in Tihar jail.
The court was hearing the National Investigation Agency's plea seeking to enhance Malik's sentence from life imprisonment to the death penalty. The matter has been listed for further hearing on December 9, when Malik must be made to join the proceedings virtually.
A bench of Justices Navin Chawla and Arun Bhardwaj noted that Malik was required to appear through videoconferencing. "Respondent (Malik) had to be produced virtually before us. However, it is not done. Let a report in this regard be called from the jail superintendent concerned," the bench said.
Malik had earlier said that he wanted to argue in person against the NIA's plea to enhance his punishment. On May 29, 2023, the High Court issued notice to him on the agency's appeal and directed that he be present before it on the next date of hearing.
Jail authorities later sought permission for Malik to appear virtually, saying he was a "very high-risk prisoner" and that his physical production in court should be avoided to maintain public order and safety. The High Court allowed the request.
On May 24, 2022, a trial court sentenced Malik to life imprisonment after finding him guilty of offences under the Unlawful Activities (Prevention) Act and the Indian Penal Code. He had pleaded guilty to the charges and was convicted and sentenced to life imprisonment.
In its appeal, the NIA argued that a terrorist could not be given only a life sentence merely because he had pleaded guilty and chosen not to face trial. Seeking the death penalty, the agency said that if such "dreaded terrorists" were spared capital punishment because they had pleaded guilty, it would lead to a "complete erosion" of sentencing policy and allow terrorists to avoid the death penalty.
In his reply to the NIA's appeal, Malik said he had spent nearly three decades as a key figure in a state-sanctioned "back-channel" mechanism, working with successive prime ministers, intelligence chiefs and business tycoons to promote peace in Jammu and Kashmir.
In an 85-page affidavit, Malik gave details of his journey from his school days to his links with terrorists and meetings with political leaders.
Responding to Malik's claims, the NIA said naming senior politicians and bureaucrats did not absolve him or negate his links with militants such as Hafiz Saeed. It said Malik was "well connected with multiple terrorist organisations and with supporters of the terrorist organisation LeT" and had named senior politicians, media personnel, foreign delegates and bureaucrats to gain popularity and public sympathy.
The trial court had rejected the NIA's request for the death penalty, saying Malik's crimes struck at the "heart of the idea of India" and were intended to forcibly separate Jammu and Kashmir from the Union of India. However, it held that the case did not fall within the "rarest of rare" category warranting capital punishment.
The High Court will next hear the NIA's appeal on December 9, with jail authorities required to explain Malik's non-appearance and ensure that he joins the proceedings virtually.
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