The Delhi High Court on Monday issued a notice to separatist leader Yasin Malik, who is serving a life term, on a plea by the NIA seeking the death penalty for him in a terror funding case.
A bench of Justices Siddharth Mridul and Talwant Singh issued warrants for the production of Malik before August 9.
Solicitor General Tushar Mehta appeared on behalf of the National Investigation Agency, where he argued that the accused indulged in terrorist and secessionist activities and should be awarded the death penalty by treating this matter as a “rarest of rare” case.
The court ordered that “In view of the ground that Yasin Malik, sole respondent in this appeal, has inter alia pleaded guilty to a charge under Section 121 of the IPC which provides for an alternate death sentence, we issue notice to him… to be served through the jail superintendent.”
It added that the warrants be issued for his production on the next date of hearing.
On May 24, 2022, a trial court awarded life imprisonment to Jammu Kashmir Liberation Front chief Yasin Malik after holding him guilty of various offenses under the stringent Unlawful Activities Prevention Act (UAPA) and the IPC.
Malik then pleaded guilty to the charges, including those under the UAPA, and was convicted & sentenced to life imprisonment.
In its plea before the high court for enhancement of the sentence to the death penalty, the NIA stated that if such “dreaded terrorists” aren’t given capital punishment on account of pleading guilty, there would be a complete breakdown of the sentencing policy and also the terrorists would have a way out to avoid capital punishment.
