The Delhi High Court issued a notice to separatist leader Yasin Malik, who is currently serving a life sentence, regarding the National Investigation Agency's plea for Malik to receive the death penalty in a case involving terror funding on Monday.
On August 9, a bench composed of Justices Talwant Singh and Siddharth Mridul also issued warrants for Malik's appearance before it.
On behalf of the National Investigation Agency (NIA), Solicitor General Tushar Mehta made the case that the accused engaged in terrorist and secessionist activities and should receive the death penalty because this was a "rarest of rare" case.
“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.
It also said, "Let warrants be issued for his production on the next hearing date."
After finding Jammu Kashmir Liberation Front chief Malik guilty of a number of offenses under the stringent Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code, a trial court sentenced Malik to life in prison on May 24, 2022.
Malik was found guilty and given a life sentence after pleading guilty to the charges, including those brought under the UAPA.
The National Investigation Agency (NIA) argued in its request to the high court for an increase in the death penalty that if “dreaded terrorists” who have pleaded guilty are not sentenced to death, the sentencing policy would be completely eroded, and terrorists would be able to escape punishment.
The National Investigation Agency (NIA) claimed that a life sentence was "ex-facie legally flawed and completely unsustainable" 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 the grant of the death penalty was "not commensurate with the crime committed by terrorists when the nation and families of soldiers have suffered loss of life."