Separatist leader Yasin Malik virtually appeared before the Delhi High Court on Wednesday from jail in connection with a plea from the National Investigation Agency (NIA) seeking the death penalty for him in a terror funding case. Malik, the chief of the Jammu and Kashmir Liberation Front, is currently serving a life term in the same case. The high court had directed his virtual appearance through video conferencing instead of physical appearance due to a production warrant issued earlier this year.
The NIA had filed a plea on May 29 seeking the death penalty for Malik in the terror funding case. The court had issued a notice to Malik, stating that he should be produced before it on the next date of the hearing. The jail authorities then filed an application requesting permission for his virtual appearance, citing concerns about the security risk posed by physically bringing him to court.
This recent court appearance follows Malik’s unauthorized arrival at the Supreme Court premises in a prison van, which prompted an inquiry into the security lapse. In the current case, Malik had been sentenced to life imprisonment on May 24, 2022, after pleading guilty to various offenses under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC). The NIA has appealed against the sentence, arguing that terrorists who plead guilty should not be awarded life imprisonment without the possibility of capital punishment.
The NIA believes that not giving capital punishment to such dreaded terrorists would result in a miscarriage of justice, as terrorism is an act of external aggression and an act of war that is not merely a crime against society, but against the entire nation. The agency argues that a life sentence is not commensurate with the crimes committed by terrorists, especially when the nation and the families of soldiers have suffered significant loss.
However, the trial court had rejected the NIA’s plea for capital punishment, stating that the crimes committed by Malik were not the rarest of the rare which warrant the death penalty. Malik had been awarded life imprisonment for offenses including waging war against the Government of India and raising funds for terrorist acts.
In conclusion, the Delhi High Court witnessed Yasin Malik’s virtual appearance from jail in response to the NIA’s plea for the death penalty. The court is now considering whether Malik’s crimes warrant capital punishment, as the NIA argues that a life sentence is insufficient given the severity of the offenses committed. The court’s decision will play a significant role in determining the sentence for Malik and addressing the larger issue of counteracting terrorism effectively in India.
