Justice Amit Sharma Recuses From Hearing NIA's Appeal for Death Penalty in Yasin Malik Case

Justice Amit Sharma of the Delhi High Court stepped down from hearing the NIA's appeal for the death penalty for Yasin Malik in a terror funding case. The case will now be heard by a different bench on August 9. Malik, currently serving life imprisonment, was convicted in a terror funding case.

Justice Amit Sharma of the Delhi High Court on Thursday recused himself from hearing the National Investigation Agency's (NIA) appeal seeking the death penalty for Kashmiri separatist leader Yasin Malik in a terror funding case. The predecessor bench had earlier solicited Malik's response to NIA’s appeal, labeling it a 'rarest of rare case.'

The matter, listed for hearing before the Division bench comprising Justice Prathiba M Singh and Justice Amit Sharma, saw the latter recuse himself. Consequently, the case has been deferred to August 9 for a hearing before a different bench of the Delhi High Court. The NIA had moved to challenge a May 2023 court order that sentenced Malik to life imprisonment.

Previously, the predecessor bench of Justices Siddharth Mridul and Talwant Singh had issued notices to Malik, currently in Tihar Jail, and called for the trial court records. Representing the NIA, Solicitor General Tushar Mehta accused Malik of multiple severe crimes, including the killing of four Indian Air Force personnel and the kidnapping of Rubaiya Sayeed.

The official also alleged that Malik received training in Pakistan in the 1980s, with the ISI aiding his ascendancy within the JKLF. The NIA's appeal argued that failing to impose capital punishment on such 'dreaded terrorists' would erode the country's sentencing policies. The appeal emphasized the significant national harm caused by Malik's actions and his persistent terror activities over the decades.

The appeal described Malik's acts as 'external aggression,' stating he orchestrated violence to destabilize India with support from foreign terrorist entities. The trial court had sentenced Malik to life imprisonment, emphasizing that he showed no remorse for his violent past and that his crimes, committed with foreign assistance, warranted severe punishment. The court imposed a fine of over Rs 10 lakh alongside his life sentences.