Srinagar/New Delhi: The Delhi High Court has admitted the NIA’s plea seeking the death sentence for JKLF Chief and Top Separatist leader Yasin Malik who is serving life imprisonment in Tihar Jail after being convicted in a militancy funding case last year.
The court listed the matter for 9 August and issued production warrants for Malik.
Malik will respond to the plea by the NIA that argues it’s a “rarest of rare cases”.
Solicitor General Tushar Mehta, who appeared on behalf of the National Investigation Agency (NIA), argued that “the accused indulged in terrorist and secessionist activities and should be awarded death penalty by treating the matter as a rarest of rare case”.
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 alternate death sentence, we issue notice to him... to be served through the jail superintendent,” the court ordered.
SGI Tushar Mehta responded saying: “He is pleading guilty very tactfully.”
“If Osama Bin Laden was tried here, he would have been permitted to plead guilty …”
Justice Mridul said: “We can’t compare this gentleman to Osama Bin Laden because he nowhere stood trial.”
Mehta said: “Possibly [the] USA was right.”
Justice Mridul responded, “We can’t comment upon that.”
Also, the Delhi High Court sought recommendations from the Law Commission on the death penalty.
Let warrants be issued for his production on the next date of hearing, it added.
On May 24, 2022, a trial court here awarded life imprisonment to Jammu Kashmir Liberation Front chief Malik after holding him guilty of various offences under the stringent Unlawful Activities (Prevention) Act (UAPA) and the IPC.
Malik pleaded guilty to the charges, including all those under the UAPA after he told the court that he is not contesting charges framed against him. He was convicted, and sentenced to life imprisonment.