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“Not giving capital punishment to such dreaded terrorists will result in miscarriage of justice, as, an act of terrorism is not a crime against society but it’s a crime against the entire nation; in other words, it’s an act of 'external aggression', 'an act of war' and an affront to the sovereignty of nation'," the NIA's plea stated
The Jammu Kashmir Liberation Front (JKLF) terrorist Yasin Malik on Wednesday was produced through Video conference (VC) before the Delhi High Court from Tihar Central jail in connection with the National Investigation Agency's plea seeking death penalty for him in a terror funding case.
As the division bench of Justice Siddharth Mridul and Justice Anish Dayal did not assemble today, the matter was posted for hearing on December 5.
Last week on Friday, the division bench had 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 had directed the Jail Superintendent of Tihar Jail: "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 on Thursday, last week had 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 had written 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 to 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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