By NEW DELHI: The National Investigation Agency (
NIA
on Friday approached the
Delhi high court
looking for capital punishment for separatist leader
Yasin Malik
who was granted life term by a high court here in a
fear financing
case.
The plea by the company has actually been noted for hearing on May 29 prior to a bench of Justices Siddharth Mridul and Talwant Singh.
On May 24, 2022, a high court here had actually granted life jail time to Malik,
Jammu Kashmir Liberation Front
(JKLF) chief, after holding him guilty for numerous offenses under the strict Unlawful Activities (Prevention) Act (UAPA) and the IPC.
The high court, which had actually declined the NIA’s plea for capital penalty, had actually stated the criminal activities devoted by Malik struck at the “heart of the concept of India” and were meant to powerfully withdraw Jammu and Kashmir from Union of India.
“These criminal offenses were planned to strike at the heart of the concept of India and planned to powerfully withdraw J&K from UOI. The criminal activity ends up being more severe as it was dedicated with the help of foreign powers and designated terrorists. The severity of criminal activity is even more increased by the truth that it was dedicated behind the smokescreen of a supposed serene political motion,” the high court had actually stated.
It had actually kept in mind that the case was not the “rarest of unusual”, necessitating capital punishment.
The optimal penalty for such an offense is death sentence.
The life term was granted for 2 offenses – area 121 (waging war against federal government of India) of IPC and area 17 (raising funds for terrorist act) of the UAPA.
According to the Supreme Court, life jail time suggests imprisonment till the dying breath, unless the sentence is travelled by the authorities.
The court had actually granted Malik 10-year prison term each under areas 120 B (criminal conspiracy), 121-A (conspiracy to wage war against the federal government of India) of IPC and areas 15 (terrorism), 18 (conspiracy for terrorism) and 20 (being member of fear organisation) of UAPA.
It had actually likewise granted five-year prison term each under areas 13 (crime), 38 (offense associated with subscription of terrorism) and 39 (assistance offered to terrorism) of UAPA.
Malik had on May 10 in 2015 informed the Delhi court he was not objecting to the charges levelled against him that consisted of acts of terrorism and sedition.
The court had actually framed the charges against Kashmiri separatist leaders consisting of Farooq Ahmed Dar alias Bitta Karate, Shabbir Shah, Masarat Alam, Md Yusuf Shah, Aftab Ahmad Shah, Altaf Ahmad Shah, Nayeem Khan, Md Akbar Khanday, Raja Mehrajuddin Kalwal, Bashir Ahmad Bhat, Zahoor Ahmad Shah Watali, Shabir Ahmad Shah, Abdul Rashid Sheikh and Naval Kishore Kapoor.
A chargesheet was likewise submitted against Lashkar-e-Taiba (LeT) creator Hafiz Saeed and Hizbul Mujahideen chief Syed Salahuddin, both of whom have actually been stated proclaimed culprits in the event and are residing in Pakistan.
