The NIA reached out on Friday Delhi The High Court sought the death penalty for Kashmiri separatist leader Yasin Malik, who was sentenced to life imprisonment by a trial court here a year ago in a terror funding case, insisting that such a “dreaded terrorist” Not imposing capital punishment would be a miscarriage of justice.
Petition by National Investigation Agency (NIA) It has been listed for hearing on May 29 before a bench of Justices Siddharth Mridul and Talwant Singh.
On May 24, 2022, a trial court in the national capital sentenced Jammu Kashmir Liberation Front (JKLF) chief Malik to life imprisonment after convicting him of various offenses under the stringent Anti-Terrorism Act-Unlawful Activities (Prevention) Act. was Act (UAPA)- and I.P.C.
Malik UAPA had confessed to the charges including charges under
In its plea to the High Court seeking enhancement of Malik’s sentence, the NIA said that if such dreaded terrorists are not given the death penalty due to their confessions, the policy of impunity will end completely and terrorists will have an avenue. . out to avoid capital punishment.
The NIA asserted that life imprisonment is not commensurate with the crime committed by terrorists when the country and the families of the soldiers have suffered.
The Anti-Terrorism Investigation Agency said the trial court’s conclusion that Malik’s crimes did not fall within the category of rare cases to warrant the death penalty is legally flawed and wholly unsustainable ex post facto.
It asserted that it has been proved beyond reasonable doubt that Malik had spearheaded terrorist activities in the Valley and, with the help of dreaded foreign terrorist outfits, planned an armed insurgency in the Valley in an attempt to usurp sovereignty. Planning, engineering and execution. and the integrity of a part of India.
Failure to give capital punishment to such a dreaded terrorist would result in miscarriage of justice, because, an act of terrorism is not a crime against the society, but it is a crime against the entire nation; In other words, it is an ‘external aggression’, an ‘act of war’ and an ‘insult to the nation’s sovereignty’, the petition said.
The crimes committed by the respondent-accused are the former face of ‘external aggression’, brazenly planned and executed by ‘acts of waging war against the nation’ by creating and aiding trained armed militias within the state to create ‘internal disturbances’. ‘ was produced. Trained terrorists, born in hostile states, to infiltrate India’s borders and participate in such internal disturbances, it said.
The NIA claimed that there are no extenuating circumstances in Malik’s favor and the present case falls under the category of rare ones to award death sentence.
The trial court, which dismissed the NIA’s plea for capital punishment, said the crimes committed by Malik hit “at the very heart of the idea of India”.
This crime The intention was to strike at the center of India’s thought and forcibly separate Jammu and Kashmir from the UOI. The crime becomes more serious as it was committed with the help of foreign forces and designated terrorists. The trial court had held that the gravity of the crime was further aggravated by the fact that it was committed behind the smoke screen of an allegedly peaceful political movement.
However, it noted that the case, not the rarest, warranted the death penalty. The maximum penalty for such a crime is death.
He was sentenced to life imprisonment for two offenses – Section 121 of the IPC (waging war against the Government of India) and Section 17 of the UAPA (raising funds for terrorist acts).
According to the Supreme Court, life imprisonment means imprisonment till the last breath, unless the sentence is commuted by the authorities.
The court sentenced Malik to 10 years each under Sections 120B (criminal conspiracy), 121-A (conspiracy to wage war against the Government of India) and Sections 15 (terrorism), 18 (conspiracy to commit terrorism) of the IPC. 20 of UAPA (member of terrorist organization)
It also imposed five years imprisonment each under Sections 13 (unlawful act), 38 (offence relating to membership of terrorism) and 39 (support to terrorism) of the UAPA.
The court framed charges against Kashmiri separatist leaders including Farooq Ahmed Dar alias Bitta Karate, Shabir Shah, Masrat Alam, Muhammad Yousuf Shah, Aftab Ahmed Shah, Altaf Ahmed Shah, Naeem Khan, Muhammad Akbar Khande, Raja Mehrajuddin Kalwal, Bashir Ahmed Bhat. . , Zahoor Ahmad Shah Watali, Shabbir Ahmad Shah, Abdul Rasheed Shaikh and Nawal Kishore Kapur.
A chargesheet was also filed against Lashkar-e-Taiba (LeT) founder Hafiz Saeed and Hizbul Mujahideen chief Saeed Salahuddin, both of whom have been declared absconders in the case and are living in Pakistan.
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