Spokesman Report
Kashmiri separatist leader Yasin Malik on Friday informed the Delhi High Court that he will argue in person and defend himself in the appeal moved by National Investigation Agency (NIA) seeking death penalty for him in a terror funding case.
Malik was awarded a life sentence in the case by the trial court in May 2022. He had pleaded guilty in the case and did not contest the charges against him.
Malik, who was produced today from Tihar jail through VC, informed a division bench comprising Justice Suresh Kumar Kait and Justice Girish Kathpalia that he will appear in person and not through a lawyer.
A coordinate bench in August last year had passed an order directing that Malik be produced through VC in the case.
Today, the bench gave an option to Malik if he needs an amicus curiae or he can name a lawyer of his choice to be appointed as an amicus curiae to defend him in the case. However, he declined and said that he will appear in person.
Malik told court that he himself argued his case before the trial court and was physically produced there by NIA till he was convicted in the case. He said there was no reason why the same cannot be done in the High Court.
Malik said that no law and order situation happened before the trial court during his productions and that NIA’s refusal to do the same in the High Court was against his right to fair trial.
However, the bench noted August last year’s order passed in the matter and suggested Malik to challenge the same before the Supreme Court if he wished to appear physically in the case. Malik then refused the suggestion and said that he will argue his case through VC but insisted that his request must come on record.
The court asked Malik if he wanted to file a reply to the appeal or written statement which relied upon case laws and documents. He said he needs some time to think about it and will inform the court on the next date of hearing.
Matter will now be heard on September 15.
Last month, Justice Amit Sharma, sitting in a coordinate bench, had recused from hearing the matter.
Earlier this year, a single judge had directed the Tihar Jail Superintendent to ensure that medical treatment is duly provided to Malik in the jail hospital.
This was after Malik moved a petition seeking appropriate directions upon the Union Government and jail authorities to refer him for “necessary medical treatment” to AIIMS or any other hospital physically as he was suffering from cardiac and kidney-related ailments.
While awarding Malik a life sentence, the Special Judge had observed that the crime failed the test of the rarest of rare cases as held by the Apex Court.
The judge had also rejected Malik’s submission that he had followed the Gandhian principle of non-violence and was spearheading a peaceful non-violent struggle.
The court had framed charges against Malik and various others under the Unlawful Activities Prevention Act (UAPA) in the case, in March 2022.
Others who were charged and claimed trial were Hafiz Muhammad Saeed, Shabbir Ahmad Shah, Hizbul Mujahideen Chief Salahuddin, Rashid Engineer, Zahoor Ahmad Shah Watali, Shahid-ul-Islam, Altaf Ahmad Shah @ Fantoosh, Nayeem Khan, Farooq Ahmad Dar alias Bitta Karate.
However, the Court had discharged three men namely Kamran Yusuf, Javed Ahmad Bhatt and Syeda Aasiya Firdous Andrabi.