New DelhiThe Delhi High Court on Monday issued notice to jailed Kashmir separatist leader Yasin Malik on an appeal by the National Investigation Agency (NIA) seeking death penalty in a terror financing case.
The NIA had approached the Delhi High Court last year after a trial court sentenced the separatist leader to life imprisonment in the case.
Malik had told the trial court that he was not contesting the charges against him, which include acts of terrorism and sedition under Section 121, which carries a maximum punishment of death.
The High Court on Monday said: “Since the sole respondent Yasin Malik has, inter alia, pleaded guilty to a charge under Section 121 of the IPC, which provides for an alternative death sentence, we implead him in both the applications.” issue notice (for condonation of delay) and appeal will be made through Jail Superintendent.
Section 121 says that whoever “wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death or imprisonment for life” And fine will also be imposed”.
The next date of hearing has been fixed for August 9.
On May 24, 2022 The trial court rejected NIA’s plea for capital punishment but convicted the Jammu Kashmir Liberation Front (JKLF) chief of various offenses under the stringent Unlawful Activities (Prevention) Act (UAPA) and IPC Appointed.
The trial court, while sentencing him to life imprisonment, noted that the crimes committed by Malik struck at the “heart of the idea of India” and were aimed at the forcible secession of Jammu and Kashmir from the Union of India.
The trial court observed: “The offense becomes more serious because it was committed with the assistance of foreign powers and designated terrorists. The seriousness of the offense is further enhanced by the fact that it was committed under the guise of an allegedly peaceful political agitation.”
But the court noted that the case was not the “rarest of the rare” that would warrant the death penalty.
The life imprisonment was given for two offenses – Section 121 of the IPC (waging war against the Government of India) and Section 17 of the UAPA (raising funds for a terrorist act).
The court sentenced Malik to 10-10 years in jail 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. Was told and 20 of UAPA (being a member of a terrorist organisation).
It sentenced them to five years in jail each under sections 13 (unlawful act), 38 (offence relating to membership of terrorism) and 39 (support to terrorism) of the UAPA.
The court has registered cases against Kashmiri separatist leaders including Farooq Ahmad Dar alias Bitta Karate, Shabbir Shah, Masarat Alam, Mohd Yusuf Shah, Aftab Ahmad Shah, Altaf Ahmad Shah, Naeem Khan, Mohd Akbar Khande, Raja Mehrajuddin Kalwal, Bashir Ahmad Bhat, Charges were framed. Zahoor Ahmed Shah Watali, Shabbir Ahmed Shah, Abdul Rashid Shaikh and Naval Kishore Kapoor.
A charge sheet was also filed against Lashkar-e-Taiba (LeT) founder Hafiz Saeed and Hizbul Mujahideen chief Syed Salahuddin, both of whom have been declared proclaimed offenders in the case and are living in Pakistan.
Meanwhile, the Hurriyat Conference has said that the NIA’s plea for capital punishment was “extremely disturbing” to the people of Jammu and Kashmir.
In an e-mailed statement this Sunday, the Hurriyat alleged that it was a “deliberate attempt” to incite and intimidate people.
The separatist forum said, “Unfortunately, such directives and decrees are brought by the authorities – who claim peace and development as their agenda, which is a ploy to instigate and intimidate people and add to their concerns and apprehensions.” Seems like a deliberate effort.”
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