Delhi High Court's Justice Amit Sharma Recuses From Hearing NIA's Appeal Seeking Death Penalty For Yasin Malik In Terror Funding Case

Justice Amit Sharma of the Delhi High Court on Thursday recused from hearing an appeal moved by National Investigation Agency (NIA) seeking death penalty for Kashmiri separatist leader Yasin Malik, convicted and awarded life sentence in a terror funding case.

Justice Sharma was appointed as Special Public Prosecutor (SPP) for NIA in 2010. As SPP, the judge handled prosecution relating to national security involving scheduled terrorist organisations.

“In his capacity as Spl. PP he was also actively involved in extradition proceedings on behalf of NIA,” reads the introduction of Justice Sharma on the High Court website.

The matter was listed today before a division bench comprising Justice Prathiba M Singh and Justice Amit Sharma.

Upon Justice Sharma's recusal, the court listed the matter before another bench on August 09, subject to orders of the Acting Chief Justice.

Pursuant to an order passed last year, Malik was produced before the Court from Tihar Jail through video conferencing (VC).

Earlier this year, a single judge had directed the Tihar Jail Superintendent to ensure that medical treatment is duly provided to Malik in the jail hospital.

This was after Malik moved a petition seeking appropriate directions upon the Union Government and jail authorities to refer him for “necessary medical treatment” to AIIMS or any other hospital physically as he was suffering from cardiac and kidney-related ailments.

Malik was awarded a life sentence in the case by the trial court in May 2022.

Malik had pleaded guilty in the case and did not contest the charges against him. While awarding him a life sentence, the Special Judge had observed that the crime failed the test of the rarest of rare cases as held by the Apex Court.

The judge had also rejected Malik's submission that he had followed the Gandhian principle of non-violence and was spearheading a peaceful non-violent struggle.

The court had framed charges against Malik and various others under the Unlawful Activities Prevention Act (UAPA) in the case, in March 2022.

Others who were charged and claimed trial were Hafiz Muhammad Saeed, Shabbir Ahmad Shah, Hizbul Mujahideen Chief Salahuddin, Rashid Engineer, Zahoor Ahmad Shah Watali, Shahid-ul-Islam, Altaf Ahmad Shah @ Fantoosh, Nayeem Khan, Farooq Ahmad Dar alias Bitta Karate.

However, the Court had discharged three men namely Kamran Yusuf, Javed Ahmad Bhatt and Syeda Aasiya Firdous Andrabi.

Title: NIA v. Yasin Malik