NIA compares Yasin Malik to Osama Bin Laden during death penalty plea hearing, says ‘US was correct’
2 min read 29 May 2023, 02:45 PM ISTThe Delhi High Court issued a notice to Malik on NIA's death penalty plea. During the hearing SG Tushar Mehta argued that Malik indulged in terrorist and secessionist activities and should be awarded death penalty by treating the matter as a ‘rarest of rare’ case
PremiumThe National Investigation Agency (NIA) has approached the Delhi High Court seeking capital punishment, or death penalty, for separatist leader and Jammu and Kashmir Liberation Front (JLF) chief Yasin Malik, in relation to a terror funding case. On Monday, the Delhi High Court after a hearing in the matter issued a notice to Malik who is presently serving a life term, on the plea of NIA.
A bench of Justices Siddharth Mridul and Talwant Singh also issued warrants for production of Malik before it on 9 August.
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.
SG Tushar Mehta argued that the accused indulged in terrorist and secessionist activities and should be awarded death penalty by treating the matter as a “rarest of rare" case.
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.
“In view of the ground that Yasin Malik, sole respondent in this appeal, has inter alia pleaded guilty to a charge under section 121 IPC which provides for an alternate death sentence, we issue notice to him... to be served through the jail superintendent," the court ordered.
In its plea before the high court for enhancement of the sentence to death penalty, the NIA said if such “dreaded terrorists" are not given capital punishment on account of pleading guilty, there would be complete erosion of the sentencing policy and terrorists would have a way out to avoid capital punishment.
A life sentence, the NIA asserted, is not commensurate with the crime committed by terrorists when the nation and families of soldiers have suffered loss of lives, and that the trial court's conclusion that Malik's crimes did not fall within the category of the “rarest of the rare cases" for grant of death penalty is “ex-facie legally flawed and completely unsustainable".
On 24 May, 2022, a trial court here had awarded life imprisonment to Malik, Jammu Kashmir Liberation Front (JKLF) chief, after holding him guilty for various offences under the stringent Unlawful Activities (Prevention) Act (UAPA) and the IPC.
NIA seeking death penalty for Malik was earlier rejected by the Delhi trial court.
The trial court had said the crimes committed by Malik struck at the "heart of the idea of India" and were intended to forcefully secede Jammu and Kashmir from Union of India.
These crimes were intended to strike at the heart of the idea of India and intended to forcefully secede J&K from UOI. The crime becomes more serious as it was committed with the assistance of foreign powers and designated terrorists. The seriousness of crime is further increased by the fact that it was committed behind the smokescreen of an alleged peaceful political movement," the trial court had said.
It had noted that the case was not the “rarest of rare", warranting death penalty.
The maximum punishment for such an offence is death penalty.
Malik had on 10 May last year told the Delhi court he was not contesting the charges levelled against him that included acts of terrorism and sedition.
