Delhi HC Seeks Terrorist Yasin Malik’s Reply on NIA Plea Seeking Death Penalty in Terror Funding Case

The Delhi High Court on Monday, August 11, 2025, sought a reply from Jammu and Kashmir Liberation Front (JKLF) terrorist Yasin Malik on a plea filed by the National Investigation Agency (NIA) seeking the death penalty for him.

Malik is currently serving a life sentence in connection with a terror funding case.

A division bench comprising Justice Vivek Chaudhary and Justice Shalinder Kaur, in its order, stated,"Pursuant to order dated 9th August 2024, the respondent has not filed any reply. Let a reply be filed on behalf of the respondent within four weeks. Renotify on the 10th of November."

When Justice Vivek Chaudhary asked whether the respondent had filed any appeal, Special Public Prosecutor (SPP) Akshai Malik, appearing for the NIA, replied in the negative, stating, “Actually, he had pleaded guilty.”

During the previous hearing, the NIA had stressed that a terrorist cannot be awarded a life sentence solely because he has pleaded guilty and opted to skip the trial.

In today's hearing, the SPP informed the court that a previous bench had directed Malik to appear only through video conferencing due to security concerns. SPP added, "He was required to file a reply, and if he participated from jail, it would only be via video conferencing."

Court then inquired about the sentence imposed on Malik. The SPP responded that Malik had been sentenced to life imprisonment and clarified that this was the State’s appeal seeking the death penalty.

It was noted that Malik had not appeared virtually during the proceedings. Consequently, the Bench directed that he must appear through video conferencing on the next date of hearing.

The SPP also informed the court that Malik had been asked whether he required an amicus curiae, but he had stated that he would argue his case himself.

In May 2023, the High Court had issued notice to Yasin Malik on a plea filed by the NIA seeking the death penalty for him.

Notably, 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 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: National Investigative Agency v. Yasin Malik

Order Date: 11 August 2025

Bench: Justice Vivek Chaudhary and Justice Shalinder Kaur