Yasin Malik used Pakistan links to push secession of J-K from India: NIA tells Delhi HC

New Delhi [India], April 22 : The National Investigation Agency (NIA) has told the Delhi High Court that Kashmiri separatist Yasin Malik was in contact with top leaders of Pakistan, including its Prime Minister and President, and used those links to propagate the secession of Jammu and Kashmir from India.

The agency further submitted that Malik's claims about engagement with several Indian Prime Ministers have no bearing on the terror case against him and do not absolve him of his crimes.

These submissions were made in a detailed rejoinder affidavit filed by the NIA in its appeal seeking the death penalty for Malik. During the hearing, Special Public Prosecutor Akshai Malik informed a division bench headed by Justice Navin Chawla that the rejoinder has been filed.

Taking it on record, the Court directed that a copy be supplied to Malik, who appeared from jail through video conferencing. The matter has now been listed for hearing on July 21.

In its reply, the NIA emphasised that Malik's repeated references to political leaders, bureaucrats and public figures are aimed only at generating public sympathy and are irrelevant to the criminal proceedings.

It stated that merely naming prominent personalities or claiming interactions with governments does not dilute the seriousness of the offences established against him.

The agency specifically countered Malik's assertion that he had "working relationships" with successive governments led by former Prime Ministers, including VP Singh, Chandra Shekhar, PV Narasimha Rao, HD Deve Gowda, IK Gujral, Atal Bihari Vajpayee and Manmohan Singh. According to the NIA, such claims are inconsequential to the present case and cannot be used to seek leniency or deflect from criminal liability.

Detailing its findings, the NIA reiterated that its investigation revealed a larger conspiracy involving separatist leaders and banned terrorist organisations such as Hizb-ul-Mujahideen and Lashkar-e-Taiba, aimed at waging war against the Government of India and raising funds through illegal channels, including hawala, to fuel terror activities in Jammu and Kashmir.

The agency further stated that Malik, as head of the JKLF faction, played a key role in propagating separatist ideology, maintaining links with militant groups and providing support to unlawful activities. He was arrested in April 2019 and later chargesheeted under multiple provisions of the IPC and the Unlawful Activities (Prevention) Act.

Highlighting the procedural history, the NIA pointed out that Malik had pleaded guilty before the trial court and was convicted on all charges. He is currently serving life imprisonment along with a fine. The present appeal before the High Court seeks enhancement of his sentence to the death penalty.

The NIA also argued that large portions of Malik's reply consist of personal narratives, political commentary and emotional assertions, which are irrelevant to the adjudication of the case. It maintained that issues already settled during the trial cannot be reopened at this stage.

While awarding a life sentence, the Special NIA Court had held that the case did not meet the "rarest of rare" threshold for the death penalty. The trial judge had also rejected Malik's defence that he adhered to Gandhian principles of non-violence and was leading a peaceful movement. The High Court will now examine the NIA's plea for enhancement of sentence on July 21.

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