Yasin Malik Vs Bin Laden: What The Delhi HC Said

The Delhi High Court made several observations while issuing notice to Kashmiri separatist Yasin Malik. The National Investigation Agency has sought a death sentence for Malik in a terror funding case.

During the hearing a Bench comprising Justices Siddharth Mridul and Talwant Singh said that the comparison of Mail with Osama Bin Laden may not be right.

"We cannot compare this gentleman with Bin Laden as the latter never stood trial anywhere," the Bench said.

This came in response to Solicitor General Tushar Mehta's argument that just because Mailk has pleaded guilty he cannot be absolved of a death penalty.

"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," Mehta said.

He also said that if Laden had been tried here, he would have been permitted to plead guilty just as Malik has done in this case.

The Bench however drew a distinction between Laden and Malik.

"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 said.

Malik was sentenced to life imprisonment by an NIA court in a terror funding case in May 2022. He was convicted for 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 the judgment, the court also rejected Malik's contention that he had become a Gandhian after 1994. The NIA has demanded capital punishment for Malik in the case.

The trial court however rejected the demand for capital punishment stating that it should be awarded only in exceptional cases. Following this, the NIA moved the High Court seeking enhancement of sentence.