Justice Amit Sharma of the Delhi High Court recused himself on Thursday from hearing the National Investigation Agency’s (NIA) appeal seeking the death penalty for separatist leader Yasin Malik in a 2016 terror-funding case. The case was initially listed before a division bench comprising Justice Prathiba Singh and Justice Amit Sharma following a change in the roster of judges assigned to the matter.
The bench announced that the case would be reassigned to a different bench not including Justice Sharma, pending the orders of the Acting Chief Justice. The next hearing is scheduled for August 9. The bench also upheld a December 2023 order requiring the Tihar jail authorities to produce Malik via video conferencing.
The NIA has appealed against a May 2022 decision by the NIA court, which had sentenced Malik to two life terms under the Unlawful Activities Prevention Act (UAPA) and the Indian Penal Code (IPC), along with various other concurrent prison terms. The agency is seeking to enhance Malik’s sentence from life imprisonment to the death penalty, accusing him, the leader of the Jammu and Kashmir Liberation Front (JKLF), of orchestrating violent protests in 2016 that included 89 incidents of stone-pelting.
In May 2022, the NIA court, presided over by Additional Sessions Judge Parveen Singh, ruled that Malik’s case did not meet the “rarest of rare” criteria necessary for imposing the death penalty. Instead, the court imposed a fine of Rs 10,65,000 for offences under the UAPA and the IPC.
On May 10, 2022, Yasin Malik pleaded guilty to all charges, including those under the UAPA, acknowledging his involvement in the terror-funding activities.
The NIA’s appeal underscores the agency’s determination to secure the maximum penalty for Malik, highlighting the seriousness of the charges against him and the impact of his actions on the region’s stability and security. The case continues to draw significant attention due to its implications for anti-terrorism measures and the legal standards applied in terrorism-related cases in India.
