Will the Delhi HC Allow NIA to File Rejoinder for Yasin Malik's Death Penalty?
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New Delhi, Jan 28 (NationPress) – On Wednesday, the Delhi High Court provided the National Investigation Agency (NIA) one final chance to submit its rejoinder in the appeal for the death penalty of Yasin Malik, the leader of the banned JKLF and a Kashmiri separatist currently serving a life sentence in a terror-funding case.
A Division Bench comprising Justices Navin Chawla and Ravinder Dudeja granted the NIA four weeks to file its rejoinder and scheduled the next hearing for April 22.
During the proceedings, the NIA’s Special Public Prosecutor (SPP) requested additional time for filing the rejoinder due to ongoing vetting of the document. In a video appearance from Tihar Jail, Yasin Malik contested the NIA’s request, claiming that it had continually sought adjournments.
In defense, the SPP countered, asserting that Malik had taken over a year to respond to the NIA’s appeal, and that his lengthy reply encompassed issues not directly pertinent to the case.
“This may not be factually correct. We filed the petition, the respondent (Malik) took over a year to file a reply. Only on the last date, that’s one occasion till now, we had sought time because it was a very longish reply. Rejoinder has gone for vetting. Lordship may give me two or three weeks,” stated the NIA’s SPP.
After considering the arguments, the Justice Chawla-led Bench ruled: “Counsel for appellant (NIA) is granted four weeks further time as the last opportunity to file rejoinder. List on April 22.”
The NIA had previously sought to respond to Malik’s lengthy reply, which Malik argued had delayed proceedings for nearly three years.
In its appeal, the anti-terror agency contested the trial court’s 2022 ruling that sentenced Malik to life imprisonment after he admitted guilt to charges under the Unlawful Activities (Prevention) Act and the IPC. The NIA argued that a terrorist should not receive a life sentence solely for pleading guilty and avoiding trial.
While advocating for the death penalty, the NIA emphasized that if such offenders evade capital punishment through guilty pleas, it would undermine the sentencing framework and allow terrorists to escape severe penalties.
The trial court, which turned down the NIA's request for a death sentence, noted that Malik's actions were aimed at undermining the core principles of India and sought to forcibly detach Jammu and Kashmir from the Indian Union.
Malik, who opted to represent himself and declined legal counsel, has been attending hearings virtually following a court ruling in August 2024 that prohibited his physical presence due to security concerns.