Delhi High Court permits virtual appearance by Yasin Malik in terror funding case

The Delhi High Court directed that separatist leader Yasin Malik be virtually produced before it from jail in connection with the NIA’s plea seeking death penalty for him in a terror funding case

The Delhi High Court on August 4 directed that separatist leader Yasin Malik be virtually produced before it from jail in connection with the NIA's plea seeking death penalty for him in a terror funding case. Allowing an application by the jail superintendent citing security concerns, a bench headed by Justice Siddharth Mridul said the Jammu and Kashmir Liberation Front chief, who is presently serving a life term in the case, need not be produced in person and modified an earlier order seeking his physical presence.

“In 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 in the present appeal through video conferencing alone on August 9 and not in person,” ordered the bench, also comprising Justice Anish Dayal. The High Court had, on May 29, issued warrants for production of Malik, who is presently serving a life term in the case in Tihar jail, on August 9 when NIA's plea for enhancement of sentence is listed for hearing.

The Delhi government standing counsel informed the court there was an order by the President directing that Malik cannot be “moved from the Tihar Jail”.

The Supreme Court also expressed its displeasure when he recently appeared before it in person, he added.

In the application, the jail authorities said Malik was a “very high risk prisoner” and it was imperative to not physically produce him in court to maintain public order and safety.

Recently, the jailed separatist leader arrived in the Supreme Court in connection with a kidnapping case against him, prompting the Solicitor General of India Tushar Mehta to flag the "serious security lapse” to Union Home Secretary Ajay Kumar Bhalla.

Malik appeared before the top court bench on July 21 for the CBI's appeal against a September 20, 2022 order of a trial court in Jammu in the 1989 kidnapping of Rubaiya Sayeed, the daughter of then Union home minister Mufti Mohammad Sayeed.