Delhi HC Directs Tihar Jail To Ensure Adequate Medical Treatment For Yasin Malik

The Delhi High Court on Friday directed Tihar Jail authorities to ensure that Jammu and Kashmir Liberation Front (JKLF) terrorist Yasin Malik receives necessary medical care while serving his life sentence in a terror-related case.

Justice Neena Bansal Krishna, while referring to a recent medical report submitted by the jail administration, observed that Malik does not currently appear to be suffering from any life-threatening illness.

However, the Court clarified that if the treatment required for his condition is unavailable inside the prison, he must be referred to an appropriate hospital equipped to provide it.

“The petitioner has relied on medical documents dating back to 2017. Based on the latest report from Tihar, there is no indication of a critical condition,” the Court noted, adding that the matter stands concluded with directions to provide suitable medical treatment either within the jail facility or at a hospital with the necessary expertise.

The order came while disposing of Malik’s plea seeking specialised treatment at AIIMS or another super-speciality institution in Delhi or Srinagar.

In his petition, Malik claimed he suffers from serious heart and kidney ailments and is in a “life-threatening condition.” He also alleged that despite urgent medical needs and court-related requirements, authorities have repeatedly declined to take him to the hospital, citing restrictions under Section 268 of the CrPC.

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: Yasin Malik v. State

Bench: Justice Vivek Chaudhary and Justice Manoj Jain

Hearing Date: 28 November 2025