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Jail Superintendent, Tihar Jail had moved the Delhi High Court seeking permission to produce JKLF Terrorist Yasin Malik from jail through VC in the terror funding case, in which NIA has sought the death penalty for him
The Delhi High Court on Friday "allowed" the Jail Superintendent of Tihar Jail's application seeking permission 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 was sentenced to life imprisonment in connection with a terror funding case.
The division bench of Justice Siddharth Mridul and Justice Anish Dayal said, "....vide order dated 29.05.2023, this court had directed the issuance of warrant against Yasin Malik before this court on 09.08.2023, at that stage-it is an admitted position that the order annexed as 03.02.2022 in the present application issued by the Hon'ble President of India had not been brought to the notice of the court".
On perusal of the aforesaid letter of October 3, 2022, the court said, "It clearly reflects that the Hon'ble President of India has in the exercise of power conferred under S. 268(1) of the CPC r/w......and after carefully examining the materials on the record and having regard to the nature of offences of which Mohd. Yasin Malik@ Aslam.....has been accused; ordered that he shall not be moved from the Tihar Jail, New Delhi, and taken out of the jurisdiction of NCT of Delhi".
"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 ordered.
The Jail Superintendent of Tihar Jail on Thursday had moved the Delhi High Court seeking permission to produce the JKLF Terrorist from jail through video conferencing.
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.
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".
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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