Delhi High Court seeks Tihar report on why Yasin Malik was absent from the hearing of the NIA death penalty appeal, and has ordered that he join the next hearing virtually.
New Delhi: Convicted separatist leader Yasin Malik did not appear before the Delhi High Court on Wednesday, not even by video conferencing, when the National Investigation Agency’s (NIA) appeal seeking to enhance his life sentence to the death penalty in the terror funding case was taken up. The Court has asked the Tihar Jail Superintendent to report on the reason, and has directed that Malik be made to join the proceedings virtually on the next date [National Investigation Agency v. Yasin Malik].
The direction came on 14 October 2026 from a Division Bench of Justice Navin Chawla and Justice Arun Bhardwaj. Special Public Prosecutor Akshai Malik appeared for the NIA.
An empty video link
Malik, who is lodged in Tihar Jail, was not produced through the video link when the appeal was called. Noting this, the Bench recorded:
“Let a report in this regard be called from the concerned jail superintendent.”
Special Public Prosecutor Akshai Malik told the Bench that Yasin Malik wants to argue the matter himself. The Court accordingly directed that he be made to join virtually when the appeal is next heard, which will be in December.
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A life term, and an appeal for more
In May 2022, a special NIA court in Delhi sentenced Malik to life imprisonment after he pleaded guilty to charges under the Unlawful Activities (Prevention) Act and the Indian Penal Code, among them terror funding and conspiring to wage war against the Government of India. The NIA had asked for death. The trial court said no, holding that the case was not one of the “rarest of rare”, and the agency took the question to the High Court by way of appeal.
Progress has been slow. Earlier this year the High Court remarked that there was no urgency, since Malik is already serving a life sentence, and the NIA has asked for the appeal to be heard in camera. On a separate occasion, the High Court directed the Tihar Jail authorities to see that Malik gets adequate medical treatment. At an earlier hearing, Malik, appearing by video link, told the Court that the long wait for a decision had amounted to psychological torture.
What the NIA says in its rejoinder
Malik had said in his reply to the appeal that he worked with successive governments and Prime Ministers. In its rejoinder affidavit, the NIA disputes this. It argues that such references have no bearing on the question of sentence and cannot support leniency, and it describes the mentions of politicians and bureaucrats as an attempt to win public sympathy. These are the NIA’s contentions in an appeal that has not been decided.
The road to December
Until the Tihar Superintendent’s report is in, the reason for Wednesday’s absence stays unexplained. Since Malik has said he means to argue in person, his virtual presence on the next date is needed for the hearing to go ahead. The High Court has not heard the appeal on merits, and whether the life sentence should be enhanced remains an open question.
Case Title: National Investigation Agency v. Yasin Malik (case number not reported)
Court: High Court of Delhi
Bench: Justice Navin Chawla and Justice Arun Bhardwaj
Date: 14 October 2026
Appearances: Special Public Prosecutor Akshai Malik for the NIA