New Delhi: The NIA Wednesday moved the Delhi High Court seeking permission to produce virtually from jail Kashmiri separatist leader Yasin Malik in a terror funding case in which it has sought death penalty for him. The application is listed for hearing before a bench of Justices Siddharth Mridul and Anish Dayal on August 3. The high court had on May 29 issued a warrant for production of Malik, who is serving life term in the case in Tihar jail, on August 9 when NIA’s plea for enhancement of sentence is listed for hearing. In an application seeking modification of the order, the investigating agency said Malik was a “very high risk prisoner” and it was imperative to not physically produce him in court in order to maintain public order and safety. It also said that as per an order passed by the Home Ministry, Malik cannot be “moved from the Tihar Jail” and shall “not be taken out of the jurisdiction of NCT of Delhi”. “Respondent/Convict Yasin Malik has been lodged in the Tihar Jail, New Delhi under the category of very high risk prisoners and thus, the present Application is in relation to a heavy security issue. Therefore, it is imperative that the Respondent/Convict Yasin Malik is not physically produced before this Hon’ble Court in order to maintain public order and safety,” the application said. Stating that grave prejudice would be caused to the State as well as the society if the request is not accepted, the application said, “Hon’ble Court may graciously be pleased to modify the Order dated 29.05.2023 passed by this Hon’ble Court to the effect that the Respondent Yasin Malik be produced through the video conferencing facility from Tihar Jail, New Delhi”. Recently, the presence of the jailed separatist leader in the Supreme Court had created a flutter, prompting Solicitor General of India Tushar Mehta to flag a “serious security lapse” to Union Home Secretary Ajay Kumar Bhalla. Malik apparently appeared before the top court.
