Delhi HC Judge Recuses Self From Hearing NIA's Appeal Seeking Death Penalty For Yasin Malik

Yasin Malik Case: Justice Amit Sharma of the Delhi High Court has recused himself from hearing the National Investigation Agency's appeal seeking the death penalty for Kashmiri separatist leader Yasin Malik in a terror funding case. The counter-terrorism agency's appeal was listed for hearing before a two-member bench comprising Justices Prathiba M Singh and Justice Amit Sharma on Thursday.

As the matter was taken up, Justice Sharma recused himself from hearing it. The predecessor bench had sought Malik's response to the NIA appeal, calling it a "rarest of rare case". The matter has been listed for further hearing on August 9 before a different bench of the high court.

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In May 2023, the NIA approached Delhi HC, challenging a trial court order awarding life imprisonment to Malik. In its submission before the high court, the NIA has said that Malik is responsible for the killing of four Indian Air Force (IAF) personnel and the abduction of Rubaiya Sayeed.

The central agency, through its counsel, also submitted that four terrorists, who were released after the kidnapping, masterminded the 26/11 Mumbai attacks. Appearing for NIA, Solicitor General Tushar Mehta argued that Malik crossed over to Pakistan in the 1980s to receive training in handling weapons.

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NIA, in its appeal, stated that if people like Malik are not given capital punishment only on the ground that they pleaded guilty, then the same will result in complete erosion of the sentencing policy of the country and will result in the creation of a device whereby dreaded terrorists would have a way to avoid the capital punishment after indulging in an "act of war against the state".

(With inputs from ANI)