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Malik has been sentenced to life imprisonment in connection with a terror funding case. However, NIA has moved the high court seeking capital punishment for him
The Delhi High Court on Tuesday directed the Jail Superintendent of Tihar Jail to produce Jammu Kashmir Liberation Front (JKLF) terrorist Yasin Malik from jail through video conferencing in a plea filed by the National Investigation Agency (NIA) seeking the death penalty for him.
Malik has been sentenced to life imprisonment in connection with a terror funding case.
A division bench of Justice Suresh Kumar Kait and Justice Shalinder Kaur then posted the matter for further hearing on February 14, 2024.
In August, the court directed the JKLF terrorist, who is presently serving a life term in the case, to be produced before it through video conferencing mode from Tihar Jail instead of physical appearance pursuant to the production warrant issued earlier this year.
"In that view of the matter, the order dated May 29, 2023 is necessarily modified to the extent that the jail superintendent is directed to produce Yasin Malik@Aslam, the respondent in the present appeal, through video conferencing alone on August 9 and not in person," the court had ordered.
It is to be noted that on May 29, the high court directed the jail superintendent of Tihar Jail stating, "Let warrants be issued for the production of Yasin Malik on the next date of hearing. Let him be produced before the court physically".
Subsequently, the Jail Superintendent of Tihar Jail moved the Delhi High Court seeking permission to produce the JKLF terrorist from jail through video conferencing on grounds that he was a “very high-risk prisoner” and it was imperative to not physically produce him in court to maintain public order and safety.
Recently, the jailed terrorist was produced physically in the Supreme Court in connection with a kidnapping case against him, prompting the Solicitor General of India, Tushar Mehta, to flag the "serious security lapse" to Union Home Secretary Ajay Kumar Bhalla.
Notably, on July 21, Solicitor General of India (SG), Tushar Mehta wrote to the Home Secretary Ajay Kumar Bhalla about terrorist Yasin Malik being brought to Supreme Court premises for a personal appearance, even though there was an order passed under Section 268 of the Criminal Procedure Code, preventing the jail authorities from bringing Malik out of the jail premises.
"Even the security of the Supreme Court would have been put at serious risk if any untoward incident were to happen," SG Tushar Mehta had written.
The JKLF Terrorist was convicted on May 19, 2022, in connection with 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.
On May 10, the flag bearer of JKLF pleaded guilty before the NIA court to all charges under the Unlawful Activities (Prevention) Act.
Case Title: State (National Investigation Agency) v. Mohd. Yasin Malik
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