New Delhi, Jan 28, 2026
The Delhi High Court on Wednesday granted the National Investigation Agency (NIA) a last opportunity to file its rejoinder in its appeal seeking the death penalty for Yasin Malik, the Kashmiri separatist leader and chief of the banned JKLF, who is serving a life sentence in a terror-funding case.
A Division Bench of Justices Navin Chawla and Ravinder Dudeja allowed four weeks’ time to the anti-terror agency to place its rejoinder on record and listed the matter for further hearing on April 22.
During the hearing, the NIA’s Special Public Prosecutor (SPP) asked for more time to file the rejoinder to Malik’s reply, explaining that the document was still under vetting. Opposing the request, Yasin Malik, who appeared through video conferencing from Tihar Jail and represented himself, remarked that the NIA had been seeking adjournments on every date.
In response, the SPP said the contention was factually incorrect and that Malik had taken over a year to file his reply to the NIA’s appeal. He further said the reply was lengthy and dealt with issues not directly related to the case.
“This might not be factually correct. We filed the petition, the respondent (Malik) took over a year to file a reply. Only on the last date, that’s one occasion till now, we had sought time because it was a very longish reply. Rejoinder has gone for vetting. Lordship may give me two or three weeks,” the NIA’s SPP submitted.
After hearing the submissions, the Justice Chawla-led Bench ordered: “Counsel for appellant (NIA) is granted four weeks further time as the last opportunity to file rejoinder. List on April 22.”
The NIA had earlier sought time to respond to Malik’s reply, stating that it was lengthy and under consideration, while Malik had pressed for an early date, contending that the matter had been pending for nearly three years.
In its appeal, the anti-terror agency has challenged the trial court’s 2022 judgment that sentenced Malik to life imprisonment after he pleaded guilty to charges under the Unlawful Activities (Prevention) Act and IPC. Appealing against the sentence, the NIA emphasised that a terrorist cannot be sentenced to a life term only because he has pleaded guilty and chosen not to go through trial.
While seeking enhancement of the sentence to the death penalty, the NIA said if such dreaded terrorists are not given capital punishment on account of pleading guilty, there would be complete erosion of the sentencing policy, and terrorists would have a way out to avoid capital punishment.
The trial court, which rejected the NIA’s plea for the death penalty, had said the crimes committed by Malik struck at the “heart of the idea of India” and were intended to forcefully secede Jammu and Kashmir from the Union of India.
Malik, who declined to appoint a lawyer and chose to argue the case himself, has been appearing virtually following an August 2024 court order that barred his physical presence due to security threats.(Agency)
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