In recent news from the Delhi High Court, Justice Amit Sharma has recused himself from hearing the National Investigation Agency’s (NIA) appeal seeking the death penalty for separatist leader Yasin Malik in a 2016 terror-funding case. The appeal, which was listed before a division bench of Justice Prathiba Singh and Justice Amit Sharma, has now been scheduled to be heard before another bench on August 9, as directed by the Acting Chief Justice. The matter revolves around the NIA’s appeal against a May 2022 decision by the NIA court, which awarded two life sentences to Malik under the provisions of the Unlawful Activities Prevention Act (UAPA) and IPC.
The NIA is seeking the enhancement of Malik’s sentence from life term to death penalty, accusing him of orchestrating violent protests in 2016, leading to 89 cases of stone-pelting. Despite the agency’s plea for death penalty, the NIA court had previously stated that the case did not fall under the “rarest of rare category,” and instead imposed a fine of Rs 10,65,000 on Malik for the offenses under UAPA and IPC. Malik had pleaded guilty to all charges on May 10, 2022, including those under UAPA.
The plea emphasizes that a terrorist cannot be sentenced to life imprisonment solely for pleading guilty and not undergoing trial. The NIA argues that if terrorists are not given capital punishment even after pleading guilty, it would undermine the sentencing policy and provide an escape route for them. The agency insists that the crimes committed by terrorists like Malik, resulting in loss of lives and significant damage to the nation, warrant the death penalty, as a life sentence is inadequate. The NIA court had previously asserted that the crimes committed by Malik were not the ‘rarest of rare’ cases deserving death penalty, but the NIA is pushing for a different outcome in this appeal.
