Today, the diision bench of the Delhi High Court allows Yasin Malik to be virtually produced before it from jail in connection with terror funding case.
The divsion bench of Justice Siddharth Mridul and Justice Anish Dayal held that the Jammu and Kashmir Liberation Front chief need not be produced in person and modified an earlier order seeking his physical presence.
Currently, he is serving a life term.
During the judgement today, the bench said -
“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,”
Earlier, in the Court issued warrants for production of Malik, who is presently serving a life term in the case in Tihar jail. During the hearing today, Counsel for Delhi government submitted that there was an order by the President directing that Malik cannot be “moved from the Tihar Jail”.
Last month, the division bench of the Supreme Court comprising, Justice Surya Kant and Justice Dipankar Datta were shocked to see Kashmiri separatist leader Yasin Malik, appear before it in person.
After being convicted in a terror funding case, the bench orders life sentence in Tihar jail.
In the said matter, the CBI filed an appeal, challenging orders of Special Court in Jammu whereby fresh production warrant was issued for Malik's physical appearance.
His physical appearance was sought for cross-examination of witnesses in relation to the killing of four IAF personnel; abduction of Rubaiya Sayeed, daughter of Mufti Muhammad Sayeed in 1989.
Malik had expressed his desire to the jail authorities to appear in person before theSupreme Court.
“Not giving capital punishment to such dreaded terrorist will result in miscarriage of justice, as, an act of terrorism is not a crime against society but it is a crime against the entire nation; in other words it’s an act of ‘external aggression’, ‘an act of war’ and an ‘affront to the sovereignty of nation’,” the plea has said.
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