The Delhi High Court has issued a notice to
separatist leader and convicted terrorist Yasin Malik following an appeal by
the National Investigation Agency (NIA) demanding that he be awarded the death
penalty.
On May 26, the NIA approached the Delhi High Court seeking the death penalty for
Malik, asserting that not giving capital punishment to such a "dreaded terrorist"
will result in the miscarriage of justice.
The Jammu and Kashmir Liberation Front (JKLF) chief was
awarded a life term by a trial court in a terror funding case last year. Malik had pleaded guilty to the
charges against him, including those under the
stringent Unlawful Activities (Prevention) Act (UAPA).
Appearing for the NIA, Solicitor General Tushar Mehta
argued that not giving the death penalty to Malik on account of him pleading
guilty would result in the complete erosion of the sentencing policy, and
terrorists would have a way out to avoid capital punishment.
"Accused is pleading guilty
very tactfuly... If this continues terrorists will plead guilty and
escape," the SG said.
“In view of circumstances and Yasin
Malik was the sole respondent in this appeal and he has pleaded guilty under
section 121 IPC which provides for alternate death sentence. We issue notice to
him in both applications,” the bench of Justices Siddharth Mridul and Talwant
Singh said.
The court issued notice to Malik through the
concerned Tihar Jail Superintendent and listed the matter for hearing on August
9.
During the hearing, the bench had
an interesting exchange with Mehta when the solicitor general remarked that,
"If Osama Bin Laden was tried here, he would have been permitted to plead
guilty...”
Justice Mridul replied that
Yasin's case was different as bin Laden had never faced trial anywhere. “We
can't compare this gentleman to Osama Bin Laden because he nowhere stood trial."
Possibly the US was right," quipped
Meta, to which Justice Mridul replied, "We are not here to comment on
foreign relations."