NEW DELHI: The Delhi High Court on Monday issued a notice to Kashmiri resistance leader Yasin Malik to respond to an appeal by the National Investigation Agency (NIA) demanding that he be awarded death penalty.

On May 26, the NIA approached the high court seeking the death penalty for Mr Malik, asserting that not giving capital punishment to such a “dreaded terrorist” will result in miscarriage of justice.

The Jammu and Kashmir Liberation Front chief was awarded a life term by a trial court in a terror funding case last year. Mr Malik had pleaded guilty to the charges against him, including those under the stringent Unlawful Activities (Prevention) Act.

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 tactfully... If this continues, terrorists will plead guilty and escape,” the SG said.

“In view of the 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 comprising Justices Siddharth Mridul and Talwant Singh said.

The court issued the notice to Mr Malik through a Tihar jail superintendent and listed the matter for hearing on Aug 9.

Published in Dawn, May 30th, 2023