The Delhi High Court on Monday sought a response from the separatist leader and Jammu and Kashmir Liberation Front (JKLF) chief Yasin Malik, who was sentenced to life in prison by a trial court, as a reaction to the National Investigation Agency’s (NIA) request for the death penalty in a terror funding case.
The production warrant was also issued by a justices’ panel consisting of Siddharth Mridul and Talwant Singh, requiring Malik to show up in court on August 9 for the next hearing.
During the hearing, Solicitor General Tushar Mehta, who appeared for the NIA, went on to compare Malik with slain al Qaeda leader Osama Bin Laden. “If Osama Bin Laden was before this court, he would also get the same treatment,” Mehta said. To this, Justice Mridul said there can be no comparison between the two because Osama did not face any trial in any court of law across the globe. Mehta then said, “I think the US was correct.” Justice Mridul refused to comment on that.
Yasin Malik was sentenced to life in jail on May 24, 2022, by a trial court after it found him guilty of several charges under the strict Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code and now NIA seeks the death penalty.
The judge also asked the solicitor general earlier in the day to point out where in the order of charge it stated that Malik had killed public officials and kidnapped the victim in order to put pressure on the government to take action.
When the attorney could not find it for a while, the court ordered Mehta to step aside and display the precise allegations in the order of charge, as it had been written by the trial court. The matter was continued until 12:15 pm, at which point the NIA was expected to present specific evidence on the deaths and other losses of life in the order in charge.
In response to a specific question, the SG informed the court that Malik had slain four Indian Air Force (IAF) officers and kidnapped the then-home minister’s daughter in exchange for the release of the terrorists who would later go on to plan the 26/11 terror strikes.
Malik was found guilty after pleading guilty to charges in 2017 relating to paying for terrorism, disseminating terrorism, and engaging in secessionist operations in Kashmir.
Despite the fact that Malik was found guilty of waging war against the State, the court noted at the time of his conviction that this case did not qualify as the “rarest of rare crimes,” necessitating the death penalty.
The court had also stated that it was not considering the alleged genocide of Kashmiri Pandits and their evacuation, therefore it could not be persuaded by that argument.
Sections 121 of the Indian Penal Code (waging war against the Indian government) and Section 17 of the Unlawful Acts Against Persons Act (raising finances for terrorist acts) both resulted in life sentences.
Under section 121 (waging war against the State) of the IPC, the minimum punishment is life imprisonment while the maximum is death.
Also read: Twitter handle of Yasin Malik’s wife Mushaal Hussein blocked
