New Delhi, Apr 23 — The National Investigation Agency (NIA) on Wednesday told the Delhi High Court that references to senior politicians and bureaucrats do not absolve separatist leader Yasin Malik or weaken the case against him in a militancy-funding matter.
In a rejoinder filed before a Bench of Justices Navin Chawla and Ravinder Dudeja, the agency said Malik remained “well connected with multiple militant organisations and with supporters of Lashkar-e-Taiba,” including Hafiz Saeed. “The mere mention of names of senior politicians and senior bureaucrats does not negate the fact that the convicted accused had linkages with militant Hafiz Saeed and other militants,” the NIA said.
The court took the rejoinder on record and listed the NIA’s appeal seeking enhancement of Malik’s life sentence to death penalty for hearing on July 21. Malik, who appeared via video link from Tihar Jail, will be supplied a copy of the rejoinder through jail authorities, the Bench said.
The agency opposed Malik’s attempt to revisit issues already settled at trial. “He cannot be permitted to revisit the matter when the charges have culminated into conviction and he had ample opportunity to raise his defence,” it submitted.
Referring to Malik’s earlier affidavit, the NIA said his claims of engaging with prime ministers, intelligence officials and others were intended “to gain popularity and draw public sympathy” and had no bearing on the merits of the case. It added that Malik himself had admitted being the commander-in-chief of the Jammu and Kashmir Liberation Front and acknowledged links with Syed Salahuddin.
The agency also objected to Malik describing himself as a “sacrificial goat,” calling such remarks unfair to the judicial process. It maintained that the prosecution case rests on evidence, not “emotional narrations,” and cited material to claim Malik had been in contact with senior leadership in Pakistan to advance a secessionist agenda.
The NIA said references to the plight of Kashmiri Pandits in the 1990s and to militant Burhan Wani were irrelevant to the present proceedings.
A Delhi trial court in May 2022 sentenced Malik to life imprisonment after he did not contest charges under the Unlawful Activities (Prevention) Act and the Indian Penal Code. The NIA moved the High Court in 2023 seeking the death penalty, arguing that life imprisonment is “not commensurate with the crime” and that failure to impose capital punishment in such cases would undermine sentencing policy.