SRINAGAR: The Delhi High Court has issued a directive to the Tihar jail superintendent regarding Kashmiri separatist leader Yasin Malik, who was convicted in a militancy funding case.
The court has ordered that Malik should appear for the upcoming hearing on August 9 via video conferencing and not in person. This decision came after an urgent application by the Tihar jail authorities citing security concerns in physically producing Malik in court.
A division bench consisting of Justice Siddharth Mridul and Justice Anish Dayal approved the request for video conferencing. The court modified its previous order from May 29, which had issued production warrants against Malik for the said date.
During the hearing, Sanjay Lao, the Delhi Government’s Standing Counsel representing the jail authorities, referred to a prior order issued by the President of India last year. The order stated that Malik posed a threat to society and, as a result, he should not be moved out of jail or taken out of Delhi until the completion of his trial or for one year.
“Recently the Supreme Court asked why this man is here (apex court) when there is an order passed by the President,” Lao told the court.
Taking note of the order issued by the President of India, the court ordered, “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 through VC alone on August 09 and not in person. No further directions are necessary to be passed in the application. The application is allowed and disposed of accordingly.”
The jail authorities filed an application stating that Yasin Malik, classified as a very high-risk prisoner, should not be physically produced in court to uphold public order and safety.
Last year in May, Malik received a life imprisonment sentence from a special NIA court. He had pleaded guilty and did not contest the charges against him. The Special Judge Praveen Singh, while awarding the life sentence, noted that the crime did not meet the criteria of being the “rarest of rare” as held by the Apex Court.
The judge also rejected Malik’s claim that he was following the Gandhian principle of non-violence and leading a peaceful struggle.
In March of the same year, the court had framed charges against Malik and several others under the Unlawful Activities Prevention Act (UAPA).
Among those charged and who 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, and Farooq Ahmad Dar alias Bitta Karate. However, the court had discharged three individuals: Kamran Yusuf, Javed Ahmad Bhatt, and Syeda Aasiya Firdous Andrabi.
