15 تغريدة 1 قراءة May 29, 2023
#DelhiHighCourt to hear National Investigation Agency's (NIA's) plea seeking a death sentence for JKLF Terrorist Yasin Malik.
On May 25, 2022, Malik was sentenced to life imprisonment by a trial court in Delhi in a terror funding case.
@NIA_India #TerrorFundingCase #YasinMalik #Terrorist
NIA states that it was proven “beyond reasonable doubt” that the offences committed by Malik were “ex-facie acts of external aggression, brazenly planned and executed by acts of waging war against the nation” and "Internal disturbance” was created by raising and using trained and armed militia within the state and by helping trained terrorists raised in enemy states to infiltrate the borders.
@NIA_India #TerrorFundingCase #YasinMalik #Terrorist #DelhiHighCourt
The plea also states that #YasinMalik, over decades, had been involved in and spearheading terrorist activities in the Valley....with the help of foreign terrorist organisations; he masterminded, planned, engineered and executed armed rebellion in the Valley in a bid to usurp the sovereignty and integrity of India.
@NIA_India #TerrorFundingCase #YasinMalik #Terrorist #DelhiHighCourt
The NIA states that the life sentence awarded by the special court on the grounds that the present case was not in the category of the rarest of the rare cases is “ex-facie legally flawed and completely unsustainable”.
@NIA_India #TerrorFundingCase #YasinMalik #Terrorist #DelhiHighCourt
It states that if “dreaded terrorists” like Yasin Malik are not awarded capital punishment on the grounds that they pleaded guilty, then it will result in a complete erosion of the sentencing policy.
Furthermore, the NIA states that not awarding capital punishment in this case will result in a “miscarriage of justice as an act of terrorism is not a crime against society but against the entire nation”.
@NIA_India #TerrorFundingCase #YasinMalik #Terrorist #DelhiHighCourt
Solicitor General (SG) Tushar Mehta appears for the NIA.
"This is a plea related to one Mr. Yasin Malik, who pleaded guilty of all the charges and refused trial in the case. Malik was the JKLF Chief", the SG submits.
#YasinMalik #DelhiHighCourt #TerrorFundingcase @NIA_India
Siddharth Mridul J.- So you're aggrieved of the quantam of sentence.
SG Mehta: Yes, The problem the country is facing is that, like this all criminals will plead guilty and then they'll only get life imprisonment and not capital punishment.
#YasinMalik #DelhiHighCourt #TerrorFundingcase
SG Mehta: If this is not rarest of rare, where somebody is continuously by armed rebellion and killing army people and advocating for succession....there can never be a "rarest of rare cases". You (Yasin Malik) get training from Pakistan and then you plead guilty and be in jail to be rescued later, this is thus a statutory appeal under NIA Act which lies for sentence also.
#YasinMalik #DelhiHighCourt #TerrorFunding #DeathSentence
SG Mehta: Your lordships may recall, because of this kidnapping (of Rubaiya Sayeed), four dreaded terrorists were required to be released and they masterminded the Bombay attacks also, killing four army men as well.
#YasinMalik #DelhiHighCourt #NIA #TerrorFunding
SG Mehta: Section 121 of IPC is also punishable with death, waging war against the Government of India.
Court: Just show us the relevant portion from the order on charge.
#YasinMalik #DelhiHighCourt #NIA #DeathSentence
SG Mehta: S. 121 is clearly made out, My Lord!
#YasinMalik #DelhiHighCourt #NIA #DeathSentence
Court: Show us the formal order, to which Malik pleaded guilty.
#YasinMalik #DelhiHighCourt #DeathSentence #NIA
Court: Just show us the specific charges framed against #YasinMalik to which he plead guilty.
SG Mehta: Yes, My lord! Give me an Hour.
The matter has been passed over. It will be taken up again at 12:15pm.
#DelhiHighCourt #NIA #YasinMalik #TerrorFunding #DeathSentence
The matter has been taken up.
SG Mehta: Reads S.121 (Definition-Waging or attempting to wage war or abetting waging war against the Government of India) and 121A (Punishment of the offence).
#YasinMalik #DelhiHighCourt #NIA #TerrorFunding
Siddharth Mridul J. - Having heard of the Solicitor General of India. In the appeal issue notice of the appeal to the respondent (Yasin Malik) via the Jail Superintendent of Tihar Jail.
Please also show us the recommendation of the Law Commission as well. Please enlighten us as well.
#YasinMalik #DelhiHighCourt

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