HC notice to Yasin Malik on NIA's appeal seeking death penalty for him

NEW DELHI: The Delhi High Court on Monday issued notice to the banned organisation Jammu Kashmir Liberation Front (JKLF) led by leader Yasin Malik on National Investigation Agency's (NIA) appeal seeking the death penalty for his involvement in a terror funding case. NIA argued that it's a "rarest of rare cases".

The Trial Court last year awarded life imprisonment to Yasin Malik, a separatist leader from J-K, in a terror funding case.

The Division Bench of Siddharth Mridul and Justice Talwant Singh after noting down the submissions made, issued notice to Yasin Malik through Jail superintendent as Yasin Malik is lodged in Tihar Jail. He is the sole respondent in the appeal, note the court.

Meanwhile, the bench also issued a production warrant for Yasin Malik to be present before the Court on the next date of hearing on August 9, 2023.

The court also issued notice on the NIA application for condonation of delay in filing the appeal. The court also summoned trial court records in the matter. During submissions, Solicitor General submitted that he is tactfully pleading guilty.

On that, the Delhi HC bench replied, "As is his Constitutional right..."

Then SG Mehta submitted that, If Osama Bin Laden was before this Court, he would also get the same treatment On that High Court said, Bin Laden never faced trial anywhere. SG said, "Perhaps the USA was right..."

Appearing for NIA, Solicitor General Tushar Mehta also submitted that Yasin Malik is responsible for killing four IAF personnel and kidnapping Rubaiya Sayeed. He also submitted that Four terrorists, who were released after the kidnapping masterminded the 26/11 Bombay attacks.

Solicitor General Tushar Mehta appeared for NIA and submitted that the accused Malik crossed over to Pakistan in the 1980s to recieve training in handling weapons. ISI helped him to become head of JKLF.

NIA in its appeal submitted that if such dreaded terrorists are not given capital punishment only on the ground that they have pleaded guilty, then the same will result in complete erosion of the sentencing policy of the country and will result in the creation of a device, whereby, such dreaded terrorist after indulging, waging and spearheading an "act of war against the state", in case caught, would have a way out to avoid capital punishment.

NIA in its appeal stated that the crime committed by such dreaded terrorists, where due to their 'act of war', the nation has lost its valuable soldiers and has perpetrated irreparable grief not only to the family members of the soldiers but to the entire nation.

NIA stated that the accused over decades has been indulging and spearheading terrorist activities in the valley and with the help of dreaded foreign terrorist organisations, having interest inimical to India, has been masterminding, planning, engineering, and executing armed rebellion in the valley in an attempt to usurp the sovereignty and integrity of a part of India.

The NIA court while sentencing life imprisonment to Malik also imposed a fine of above Rs 10 lakh. He was sentenced to life imprisonment twice (one for waging war against the nation and one in UAPA sec 17 raising funds for terror act). NIA had sought the death penalty for the separatist leader who was convicted on May 19.

The court while convicting him had said, "In view of the plea of the guilt, accused Mohd. Yasin Malik @ Aslam is hereby convicted for the offences punishable u/s 120B IPC, 121 IPC, 121A IPC, 13 UAPA r/w 120B IPC, 15 UAPA r/w 120B IPC, 17 UAPA, 18 UAPA, 20 UAPA, 38 UAPA, and 39 UAPA."

The NIA charge sheet submitted in the case stated that the Central Government received credible information that Hafiz Muhammad Saeed, Amir of Jammat-ud-Dawah, and the secessionist and separatist leaders including the members of Hurriyat Conference have been acting in connivance with active militants of proscribed terrorist organizations like HM, LeT etc. for raising, receiving and collecting funds domestically and abroad through various illegal channels including hawala.

The NIA also stated before the court that this has been done for funding separatist and terrorist activities in J-K and as such, they have entered into a larger conspiracy for causing disruption in the valley by way of pelting stones at security forces, systematically burning schools, damage to public property and waging war against India.