In a detailed rejoinder affidavit filed as part of its appeal seeking the death penalty for Malik, the NIA stated that Malik’s claims of engagement with several Indian Prime Ministers are irrelevant to the terror charges against him and do not absolve him of responsibility for his crimes.

During the hearing, Special Public Prosecutor Akshai Malik notified a division bench led by Justice Navin Chawla of the filing of the rejoinder. The court recorded this and directed that a copy be provided to Malik, who participated from jail via video conferencing. The case is scheduled for further hearing on July 21.

The NIA emphasised that Malik’s frequent references to political leaders, bureaucrats, and public figures are intended solely to elicit public sympathy and hold no relevance in the criminal proceedings. The agency rejected the notion that citing prominent personalities or alleging government interactions diminishes the gravity of the offences proven against him.

Specifically addressing Malik’s claim of “working relationships” with successive governments led by former Prime Ministers VP Singh, Chandra Shekhar, PV Narasimha Rao, HD Deve Gowda, IK Gujral, Atal Bihari Vajpayee, and Manmohan Singh, the NIA argued that such assertions bear no consequence on the current case and cannot be grounds for leniency or avoiding criminal liability.

Detailing its investigation, the NIA reiterated that a broader conspiracy was uncovered involving separatist leaders and banned terrorist organisations such as Hizb-ul-Mujahideen and Lashkar-e-Taiba. The conspiracy aimed to wage war against the Government of India and involved raising funds through illegal channels, including hawala, to support terror activities in Jammu and Kashmir.

The agency stated that Malik, as head of the JKLF faction, played a pivotal role in furthering separatist ideology, maintaining connections with militant groups, and facilitating unlawful activities. Malik was arrested in April 2019 and subsequently chargesheeted under multiple provisions of the Indian Penal Code and the Unlawful Activities (Prevention) Act.

The NIA highlighted that Malik pleaded guilty before the trial court and was convicted on all charges. He is currently serving a life sentence along with a fine. The current appeal before the High Court seeks to enhance his sentence to the death penalty.

Furthermore, the NIA argued that much of Malik’s response consists of personal accounts, political commentary, and emotional appeals, which are irrelevant to the case’s legal adjudication. It insisted that matters already resolved during the trial cannot be reconsidered at this stage.

While imposing a life sentence, the Special NIA Court declared that the case did not meet the “rarest of rare” criteria necessary for the death penalty. The trial judge also dismissed Malik’s defence claiming adherence to Gandhian non-violence and leadership of a peaceful movement. The High Court will review the NIA’s request to enhance the sentence on July 21.