New Delhi; The Delhi High Court on Monday issued a notice to JKLF leader Yasin Malik, who is presently serving a life term, on a plea by the National Investigation Agency seeking death penalty for him in a militant funding case.
A bench of Justices Siddharth Mridul and Talwant Singh also issued warrants for production of Malik before it on August 9.
Solicitor General (SG) Tushar Mehta, who appeared on behalf of the National Investigation Agency (NIA), argued that the accused indulged in militant and secessionist activities and should be awarded death penalty by treating the matter as a “rarest of rare” case.
Mehta stated that Malik committed the “sensational” killing of four IAF officers and even kidnapped the daughter of then home minister Mufti Mohammad Sayeed which led to the release of four “dreaded criminals who masterminded the 26/11 attack in Mumbai in 2008.”
“In view of the ground that Yasin Malik, sole respondent in this appeal, has inter alia pleaded guilty to a charge under IPC section 121 (waging war against the Government of India) which provides for an alternate death sentence, we issue notice to him… to be served through the jail superintendent,” the court ordered.
Let warrants be issued for his production on the next date of hearing, it added.
The court also issued notice to Malik on NIA’s application seeking condonation of delay in “re-filing” the present appeal.
Mehta urged the court to condone the delay, saying “technicalities” should not have a bearing in matters such as the present one.
On May 24, 2022, a trial court here had awarded life imprisonment to Jammu Kashmir Liberation Front chief Malik after holding him guilty for various offences under the stringent Unlawful Activities (Prevention) Act (UAPA) and the IPC.
Before the high court, SG Mehta said the NIA’s plea was an appeal against the sentencing order as he emphasised that a militant cannot be awarded life sentence because he has pleaded guilty and chosen not to go through trial.
Such a tactic by an accused to avoid death penalty, he said, cannot be allowed when he knows that facing trial would lead to imposition of capital punishment.
“Any (militant) can come here, do (militancy) activities, plead guilty and court says since he has pleaded guilty, I give him only life term and not capital punishment,” said Mehta, adding that even Osama bin Laden would have been permitted to plead guilty here and that “possibly the USA was right” in its dealing with the Al Qaeda founder.
The court responded that there could be no comparison between Malik and Laden as the latter never faced trial and it would not comment on matters affecting foreign relations.
During his submissions, Mehta said Malik crossed over to Pakistan for training, was coordinating stone pelting and spreading “rumours” on social media about oppression by security forces.
“If this is not ‘rarest of rare’ when someone is continuously, by armed rebellion, killing army people and propagating one region of the nation as separate, there can never be rarest of case. This is rarest of rare case (for awarding a death penalty)… If this is not, what could be,” he said.
Mehta said even in the trial court order, the judge has observed that there was “no reformation” even though Malik claimed to have “given up guns in 1994 but he never expressed regret for the violence”.
The court asked the NIA to bring its attention to the law commission report on death penalty in its submissions in the matter. It also directed that the trial court record be brought before it.

  Kashmir, Kashmir 370, Yasin Malik

Press Trust of India