Separatist leader Yasin Malik has decided to represent himself in a case where the National Investigation Agency (NIA) is seeking the death penalty for him.
Malik, who is currently serving a life sentence in Tihar jail, appeared virtually before the Delhi High Court on Friday.
The Jammu and Kashmir Liberation Front (JKLF) chief declined the court’s suggestion to appoint a lawyer on his behalf.
The court, led by Justice Suresh Kumar Kait, has scheduled the next hearing for September 19 and advised Malik to reconsider his decision. The court also suggested that Malik might benefit from filing a reply or a written submission.
“He has the right to contest in an individual capacity, but any litigant must be equipped with legal assistance,” the bench stated, highlighting fairness in the proceedings and the potential appointment of an amicus curiae.
Malik objected to appearing virtually, stating, “I was produced physically in the trial court until conviction. They don’t want to give me a fair trial.
This is against the ethics of fair trial.” He requested to be physically present in court or at least be allowed to attend virtually.
On May 29 last year, the high court issued a notice to Malik regarding the NIA's plea for the death penalty.
Malik had previously pleaded guilty to charges under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code, leading to his life sentence.
The NIA argued that allowing terrorists to avoid the death penalty by pleading guilty would undermine sentencing policies.
The trial court had rejected the death penalty plea, noting that while Malik’s crimes were severe, they did not meet the “rarest of rare” criteria for capital punishment.
The bench advised Malik to appeal the virtual production order to the Supreme Court if he felt aggrieved but Malik declined, stating he preferred to be heard in the high court either physically or virtually.
The court reiterated the importance of a substantial hearing for the case and suggested that either an amicus curiae or a lawyer of Malik’s choice could be appointed to ensure his interests are protected.
Malik insisted on arguing his case personally, stating, and “I argued myself (earlier) I will argue myself. I know my case much better. There was no lawyer in the trial court.”
The NIA's appeal for the death penalty is based on the argument that Malik’s actions were intended to forcefully secede Jammu and Kashmir from India.
The trial court had acknowledged the severity of his acts but ruled them not deserving of the death penalty. The case will continue on September 19, with
Malik expected to present his arguments personally.
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