NIA Urges Delhi High Court to Hold In-Camera Proceedings in Yasin Malik Death Penalty Case

The National Investigation Agency (NIA) on Monday requested the Delhi High Court to hold in-camera proceedings in its plea seeking the death penalty for Jammu and Kashmir Liberation Front (JKLF) terrorist Yasin Malik in a terror funding case.

Appearing for the agency, Special Public Prosecutor (SPP) Akshai Malik made the request before a Division Bench of Justices Vivek Chaudhary and Manoj Jain.

During the hearing, the SPP submitted, “Let it not be in open court; please provide a separate link for Yasin Malik to appear.”

Taking note of the submission, the Bench orally observed that it would consider the request. The matter will now be heard on January 28, 2025

The plea was made as the NIA also sought an adjournment to file its response to claims made by Malik in an affidavit submitted to the Delhi High Court in a sealed cover in August.

In his affidavit, Malik stated that he had maintained a working relationship with six successive governments since 1990 and that he was encouraged by the state to keep the peace process alive in Jammu and Kashmir.

Notably, Yasin Malik appeared before the Court via video conferencing from Tihar Jail.

The JKLF Terrorist was convicted on May 19, 2022, in connection with the Jammu & Kashmir terror funding and secessionist activities case. The sentence was pronounced on May 25, 2022. NIA Judge Praveen Singh sentenced Mailk to life imprisonment and imposed a fine of Rs. 10 lakhs.

While sentencing Malik to life imprisonment, the Court had said, “In my opinion, there was no reformation of this convict. I may be correct that the convict may have given up the gun in the year 1994, but he had never expressed any regret from the violence he had committed prior to the year 1994”.

The Court further noted," When he claimed to have given up the path of violence after the year 1994, the government of India took it at its face value and gave him an opportunity to reform and in good faith, tried to engage in a meaningful dialogue with him and as admitted by him, gave him every platform to express his opinion." Emphasising the gravity of the offences, the judge stated, "

The crimes for which convict has been convicted are of a serious nature. These crimes were intended to strike at the heart of the idea of India and intended to forcefully accede J&K from UOI." Judge Singh also observed, “The crime becomes more serious as it was committed with the assistance of foreign powers and designated terrorists.The seriousness of the crime is further increased by the fact that it was committed behind the smoke screen of an alleged peaceful political movement”.

On May 30, 2017, a Delhi court framed charges against 12 accused persons, including two absconding accused Hafiz Mohammad Saeed (head of LeT) and Mohd. Yusuf Shah @ Salahuddin (head of Hizb-ul-Mujahideen), including Yasin Malik, under Unlawful Activities Prevention Act, 1967 (UAPA) in connection with the Jammu & Kashmir terror funding and secessionist activities case. It was also alleged that funds for the operation were collected, domestically and abroad, through various illegal channels, including Hawala for funding separatist and terrorist activities in J&K.

The accused had entered into a larger conspiracy for causing disruption in the Kashmir valley by stone pelting, burning schools and buildings, damage to public property and waging war against India. In 2016, Malik, along with other Hurriyat leaders, had formed a self-styled group called 'Joint Resistance Leadership', whereby they started issuing directions to the masses to hold protests, demonstrations, hartals, shutdowns, road-blocks and other disruptive activities which would push the entire society into chaos and lawlessness.

Malik was also involved in raising funds from LOC traders and various entities based abroad and distributing those funds among militants and stone pelters for funding stone-pelting and demonstrations

Ministry of Home Affairs vide order dated May 30, 2017, had then directed the NIA to register a case, which was registered under Sections 120B, 121, 121A of the Indian Penal Code,1860 and Sections 13, 15, 17, 18, 20, 38 and 39 of UAPA, 1967.

Case Title: NIA v. Yasin Malik

Bench: Justice Vivek Chaudhary and Justice Manoj Jain

Hearing Date: 10 November 2025

With Indian Express Inputs