New Delhi: The Delhi High Court on Friday heard the National Investigation Agency's (NIA) plea seeking death penalty for Yasin Malik, convicted in the murder and terror funding case. A bench headed by Justice Suresh Kait while hearing the case deferred the next hearing for September 25 after Malik informed the court that he will personally present his arguments in the case.
During the hearing today, Yasin Malik appeared through video conferencing. As the court asked him whether he wanted to choose a lawyer to present arguments on his behalf, the JKLF chief said that he will plead his case and present arguments himself.
Over the NIA presenting him in the court through video conferencing, Malik argued that there was never a law and order situation during his physical appearance in the court. The High Court told Malik that presenting him through virtual mode was the court's order which he could challenge in the Supreme Court. Malik said that he would put forward his arguments through video conferencing but his request should be taken on record.
Earlier on July 11, High Court judge Justice Amit Sharma recused himself from hearing the case on grounds of being prosecutor on behalf of the NIA in 2010. The case was listed in the bench of Justice Pratibha Singh.
The High Court, while hearing the NIA's petition, had issued a notice to Yasin Malik on 29 May 2023. During the hearing, Solicitor General Tushar Mehta on behalf of the NIA had said that the trial court had found the allegations against Yasin Malik to be correct. He had remarked that it was “strange that anyone tries to break the integrity of the country and later says that I admit my mistake and do not face trial”. He had said that the NIA has strong evidence that Malik tried to spoil the atmosphere of Kashmir.
Mehta had said that Yasin Malik was continuously carrying out armed rebellion in Jammu and Kashmir and was involved in the killing of army personnel and advocated secessionism. Mehta said that under Section 121 of the Indian Penal Code, there is a provision for death penalty for Yasin Malik in the case of waging war against the Government of India.
Mehta had said that Yasin Malik was involved in the killing of four Air Force personnel and his associates kidnapped Rubaiya Sayeed, daughter of the then Home Minister Mufti Sayeed. He further said that her kidnappers were released who later carried out the Mumbai bomb blast.
It can be recalled that on 25 May 2022, the Patiala House Court sentenced Yasin Malik, who was convicted in the case of murder and terror funding, to life imprisonment. The Patiala House Court had also imposed a fine of ten lakh rupees on Yasin Malik under section 17 of UAPA, ten years imprisonment and a fine of ten thousand rupees under section 18, ten years imprisonment and a fine of ten thousand rupees under section 20, five years imprisonment and a fine of five thousand rupees under sections 38 and 39. The court had imposed a sentence of ten years and a fine of ten thousand rupees on Yasin Malik under section 120B of the Indian Penal Code, ten years imprisonment and a fine of ten thousand rupees under section 121A. The court had said that all these sentences given to Yasin Malik will run simultaneously. This means that the maximum sentence of life imprisonment and a sentence of ten lakh rupees will be applicable. On 10 May 2022, Yasin Malik pleaded guilty in the case.
On 16 March 2022, the court ordered framing of charges against Hafiz Saeed, Syed Salahuddin, Yasin Malik, Shabbir Shah and Masrat Alam, Er Rashid, Zahoor Ahmed Watali, Bitta Karate, Aftaf Ahmed Shah, Avtar Ahmed Shah, Naeem Khan, Bashir Ahmed Butt alias Peer Saifullah and other accused. According to the NIA, with the support of Pakistan's intelligence agency ISI, organizations like Lashkar-e-Taiba, Hizbul Mujahideen, JKLF, Jaish-e-Mohammed carried out attacks and violence on civilians and security forces in Jammu and Kashmir. It said in 1993, the All Party Hurriyat Conference was established to carry out separatist activities.
According to NIA, Hafiz Saeed, along with the leaders of Hurriyat Conference, transacted money through hawala and other channels to carry out terrorist activities in Jammu and Kashmir. The money was used to spread unrest in the valley, attack security forces, burn schools and damage public property, the NIA said. The NIA has registered a case under sections 120B, 121, 121A of the Indian Penal Code and sections 13, 16, 17, 18, 20, 38, 39 and 40 of UAPA against the accused.
