Should the Delhi HC Conduct In-Camera Hearings for Yasin Malik's Death Penalty Case?
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Synopsis
On November 10, the NIA urged the Delhi High Court to consider in-camera hearings for Yasin Malik's death penalty plea. The case has garnered significant attention due to Malik's past as a separatist leader. Amidst security concerns, the court's decision could reshape the approach to capital punishment in terrorism cases in India.
Key Takeaways
- NIA requests in-camera hearings for Yasin Malik's death penalty plea.
- Malik facing life imprisonment for terror-funding activities.
- Case raises critical legal questions about capital punishment and terrorism.
- Next hearing set for January 28.
- Public access may be restricted due to security concerns.
New Delhi, Nov 10 (NationPress) The National Investigation Agency (NIA) on Monday appealed to the Delhi High Court to conduct in-camera hearings regarding its request for the death penalty for Yasin Malik, the leader of the Kashmiri separatist movement and head of the now-banned JKLF, who is currently serving a life sentence due to a terror-funding conviction.
Participating via video link from Tihar Jail, Malik informed a Bench of Justices Vivek Chaudhary and Manoj Jain that he has been enduring “mental agony for the past three years” due to the looming threat of capital punishment.
The anti-terrorism agency highlighted the case's sensitivity and security issues, requesting the Bench, led by Justice Chaudhary, to limit public access and provide a secure virtual connection.
The Delhi High Court noted that it would deliberate on the NIA’s request for in-camera proceedings and has scheduled further discussions for January 28 of the following year.
The NIA is contesting a 2022 trial court decision that sentenced Malik to life imprisonment after he admitted guilt to charges under the Unlawful Activities (Prevention) Act and the IPC.
In its appeal against the sentence, the Central agency stressed that a terrorist should not merely receive a life sentence due to a guilty plea and opting out of a trial process.
While advocating for the penalty's escalation to death, the NIA argued that if notorious terrorists are not subjected to capital punishment for pleading guilty, it could undermine the entire sentencing framework, granting terrorists a potential escape route from capital punishment.
The trial court, which dismissed the NIA's request for a death sentence, asserted that Malik's crimes attacked the “core of the idea of India” and aimed to forcibly detach Jammu and Kashmir from the Indian Union.
Malik, who has chosen to represent himself without legal counsel, has been participating virtually following a court order in August 2024 that prohibited his physical attendance due to security threats.
Additionally, the now-banned JKLF leader is facing charges related to the 1990 murder of four Indian Air Force personnel in Srinagar, where a key eyewitness—a retired IAF officer—has identified him as the primary shooter.
Point of View
The ongoing legal proceedings against Yasin Malik raise critical questions about the balance between justice and security. The NIA's appeal for in-camera hearings reflects the heightened sensitivity surrounding terrorism cases. As India navigates these complex issues, it is imperative to ensure that the rule of law prevails, while also safeguarding national integrity.
NationPress
10/11/2025
Frequently Asked Questions
What is the basis for the NIA's plea for in-camera proceedings?
The NIA cited the case's sensitivity and security concerns as the basis for requesting in-camera proceedings.
What crimes is Yasin Malik charged with?
Yasin Malik is charged with terror-funding activities and is implicated in the 1990 murder of four IAF personnel.
What was the outcome of the trial court's decision regarding Malik's sentence?
The trial court sentenced Yasin Malik to life imprisonment, a decision that the NIA is now appealing for enhancement to the death penalty.
Why is the NIA seeking the death penalty for Malik?
The NIA argues that a terrorist should not receive a life sentence simply for pleading guilty, as it could undermine the sentencing policy.
When is the next hearing scheduled?
The next hearing regarding the NIA's plea is scheduled for January 28 next year.
