Can’t compare Yasin Malik with Bin Laden as latter never stood trial: Delhi High Court while issuing notice on NIA plea for death penalty

The Delhi High Court Monday issued notice and sought response from Kashmiri separatist leader Yasin Malik in a plea by the National Investigation Agency (NIA) seeking his death penalty in a terror funding case..During the hearing of the case, the bench of Justices Siddharth Mridul and Talwant Singh said that the NIA's comparison of Malik to dreaded terrorist Osama Bin Laden might not be correct. "We can't compare this gentleman with Bin laden because he (bin Laden) never stood trial anywhere," the bench said. .This was in response to Solicitor General (SG) Tushar Mehta's argument that simply because Malik pleaded guilty, he could not be absolved of the death penalty. It was SG's submission that Malik avoided death penalty by tactfully pleading guilt. "Wider issue troubling us that any terrorist may come, commit terror activities and the court may say because he has pleaded guilty, we are giving life sentence. Everyone would come here and avoid trial by pleading guilty because they would know if they enter trial, hanging is the only result," contended the SG.If Osama Bin Laden would have been tried here, he would have been permitted to pleaded guilty just as Malik has done in the instant case, Mehta said. But the bench chose to draw a distinction between Malik and Bin Laden.The Court then issued notice to Malik and posted the case for further consideration in August."Since the sole respondent Yasin Malik, inter alia, has pleaded guilty to a charge under Section 121 IPC which provides for an alternate death sentence, we issue notice to him in both the application (for condonation of delay) and the appeal (seeking death penalty). Notice to be served to him through Jail Superintendent," the Court ordered..Malik was sentenced to life imprisonment by a special NIA court in a terror funding case in May 2022. Malik was convicted of offences under Section 120B, 121, 121A of Indian Penal Code (IPC) and Sections 13 and 15 of UAPA read with 120B of the IPC besides Sections 17, 18, 20, 38 and 39 of UAPA.He had pleaded guilty in the case. In a detailed judgement, the special NIA Court in May 2022 observed that Malik betrayed the good intentions of the government by choosing the violent path.The judge also rejected Malik's argument that he had become a Gandhian after 1994.The NIA had demanded capital punishment for Malik before the trial court as well..However, the prayer was refused by the trial court stating that death penalty should be awarded only in exceptional cases "where the crime by its nature shocks the collective consciousness of the society".The NIA then moved the present appeal before the High Court..During the hearing today, the SG highlighted that there was evidence on record to show that Malik was involved in stone pelting and spreading rumours that there was suppression by the Indian security forces.The SG today contended that this was a fit case that falls under the interpretation of a "rarest of rare" case where someone killed army personnel by continuous armed rebellion and advocated for secession."He carried out sensational killing of four IAF personnel and his outfit abducted Rubaiya Sayeed, daughter of then home minister. This resulted in release of dreaded terrorists who then carried out the 26/11, Mumbai attacks," the SG said..Solicitor General Tushar Mehta, Special Public Prosecutor Akshai Malik along with advocates Akshay Sehgal and Khawar Saleem appeared for the NIA. .[Read our live-coverage of the hearing below]