NIA’s plea for producing Yasin Malik before Delhi HC virtually to be heard on Aug 7
The Delhi High Court on Thursday listed for hearing on August 7 a plea for the virtual production of Jehadi separatist leader Yasin Malik from jail in connection with the NIA’s plea seeking the death penalty for him in a terror funding case. The application by the jail superintendent was adjourned after a bench of Justices Siddharth Mridul and Anish Dayal, which was scheduled to hear the request, did not assemble.
The previous week, Tihar jail officials made a goof-up by physically producing Malik in Supreme Court and invited the wrath of the Judges, Solicitor General Tuhar Mehta, and CBI. Saying that he has no advocate to argue, Malik said he himself argue in the killing of Air Force officers and the Rubaiya Sayeed kidnapping case. He was brought to the high-security apex court premises in a prison van escorted by armed security personnel without the court’s permission. Four Tihar jail officials were suspended for this goof-up.[1]
Delhi High Court had on May 29 issued warrants for the production of Malik, who is presently serving a life term in the case in Tihar Jail, on August 9 when the NIA’s plea for enhancement of sentence is listed for hearing. In the application seeking modification of the order, the jail authorities said Malik was a “very high-risk prisoner” and it was imperative to not physically produce him in court to maintain public order and safety. It also said that as per an order passed by the Home Ministry, Malik cannot be “moved from Tihar Jail” and shall not be taken out of the jurisdiction of the national capital.
“Respondent/ Convict Yasin Malik has been lodged in Tihar Jail, New Delhi under the category of very high-risk prisoners and thus, the present application is in relation to a heavy security issue. Therefore, it is imperative that the respondent/ convict Yasin Malik is not physically produced before this Hon’ble Court in order to maintain public order and safety,” the application said.
On May 29, the high court issued notice to Malik on the NIA’s plea seeking the death penalty for him in the terror funding case and said, “Let warrants of production be issued against Yasin Malik, before this Court on the next date of hearing. List on 09.08.2023.” On May 24, 2022, a trial court here 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.
Malik had pleaded guilty to the charges, including those under the UAPA, and he was convicted and sentenced to life imprisonment. Appealing against the sentence, the NIA has emphasized that a terrorist cannot be awarded a life sentence only because he has pleaded guilty and chosen not to go through the trial.
While seeking enhancement of the sentence to the death penalty, the NIA has 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 has asserted, is not commensurate with the crime committed by terrorists when the nation and families of soldiers have suffered the loss of lives, and 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 the death penalty is “ex-facie legally flawed and completely unsustainable”.
The agency has emphasized that it has been proved beyond reasonable doubt that Malik spearheaded terrorist activities in the Valley and with the help of dreaded foreign terrorist organizations, had been “masterminding, planning, engineering and executing armed rebellion in the Valley in an attempt to usurp the sovereignty and integrity of a part of India”.
The trial court had awarded Malik a 10-year jail term each under sections 120 B (criminal conspiracy), 121-A (conspiracy to wage war against the government of India) of IPC and sections 15 (terrorism), 18 (conspiracy for terrorism) and 20 (being member of terror organization) of UAPA.
Reference:
[1] Supreme Court expresses shock on the physical presence of convicted terrorist Yasin Malik. CBI & SG blame jail officials for the sheer security lapse – Jul 21, 2023, PGurus.com
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