Will Yasin Malik Respond to NIA's Death Penalty Plea?

Synopsis
Key Takeaways
- Yasin Malik has four weeks to respond to the NIA's death penalty plea.
- The next court hearing is set for November 10.
- Malik is currently serving a life sentence for terror funding.
- The NIA argues that a life sentence is inadequate for Malik's actions.
- Malik is also facing charges for the murder of four IAF personnel.
Srinagar, Aug 11 (NationPress) A division bench of the Delhi High Court has granted four weeks for JKLF leader Yasin Malik to respond to the petition filed by the National Investigation Agency (NIA), which seeks his death penalty in a case concerning terror funding. Currently, Malik is serving a life sentence.
A bench consisting of Justice Vivek Chaudhary and Justice Shalinder Kaur has set a hearing date for November 10. While Malik intended to present his arguments against the NIA’s plea in person, he was not brought forth virtually from jail as expected.
Currently incarcerated in Tihar Jail, Malik is sentenced to life imprisonment due to his involvement in this terror funding case. Dissatisfied with the trial court's judgment, the NIA has appealed to the Delhi High Court to enhance his sentence to capital punishment.
The bench observed that Malik was not presented virtually during the proceedings nor did he submit a reply regarding the NIA's plea, as mandated by the court's order on August 9, 2024.
On August 9, it was decided that Malik would appear virtually due to security concerns. The bench instructed the jail authorities to ensure his virtual appearance on November 10.
Last year, Malik declined the court's offer to have a lawyer represent him, expressing his desire to defend himself.
On May 29, 2023, the high court issued a notice to Malik regarding the NIA's plea for the death penalty. The Tihar Jail authorities had requested permission for his virtual appearance, citing his status as a high-risk prisoner, a request that was subsequently approved by the court.
On May 24, 2022, a trial court sentenced Malik to life imprisonment after finding him guilty of violations under the Unlawful Activities (Prevention) Act (UAPA) and the IPC. Malik had admitted guilt to the charges, which included those under the UAPA, leading to his life sentence.
In appealing against this sentence, the NIA highlighted that a terrorist cannot simply receive a life sentence for pleading guilty and opting not to undergo trial. In its plea for enhancement to capital punishment, the NIA argued that allowing terrorists to evade death sentences through guilty pleas would undermine the entire sentencing framework.
The trial court dismissed the NIA's request for capital punishment, asserting that Malik's crimes threatened the very essence of India's integrity, aiming to forcibly separate Jammu and Kashmir from the nation.
Moreover, Yasin Malik is currently facing charges in the murder of four IAF personnel, including Squadron Leader Ravi Khanna, and the injuries sustained by 22 others on January 25, 1990, in Srinagar. A retired IAF officer has identified Malik as the shooter responsible for this attack.
This eyewitness testified in court that Malik opened fire from an automatic rifle while wearing a traditional Pheran (Kashmiri garment). Malik attended the proceedings via video link from Tihar Jail, where he has been detained since 2019 in the terror funding case.