Tuesday, November 26News and updates from Kashmir

Yasin Malik declines Delhi court’s legal offer; to represent himself in NIA’s death penalty case

Kashmiri separatist leader Yasin Malik declined the Delhi High Court’s offer on Friday to appoint a lawyer of his choice to argue his case.

The case concerns an appeal by the National Investigation Agency (NIA), which is seeking the death penalty for Malik.

Malik informed a Division Bench comprising Justices Suresh Kumar Kait and Girish Kathpalia that he would represent himself in court, as he did during the trial court proceedings.

The court had earlier suggested that Malik could either appoint a lawyer or accept an amicus curiae to assist in the case. However, Malik, appearing via video conference, insisted that he did not want any legal representation.

“I argued my own case in the trial court, and I will do the same here. I know this case better than anyone else,” Malik stated, reiterating his preference to appear in person rather than through video conference.

The court, however, cited a prior order requiring Malik’s appearance via video conference due to security concerns.

The Bench noted that Malik could challenge this order in the Supreme Court if he wished, but Malik declined to do so.

The court recorded Malik’s refusal to respond to the NIA’s plea or submit a written response, allowing him time to reconsider before the next hearing on September 15.

The NIA has appealed the trial court’s decision to sentence Malik to life imprisonment after he pleaded guilty to charges under various sections of the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act (UAPA).

In its May 2022 judgment, the trial court rejected Malik’s claim of having adopted Gandhian principles after 1994, stating that he had chosen a violent path.

The court also denied the NIA’s initial request for the death penalty, stating that it should be reserved for cases that “shock the collective conscience of society.”

The High Court is now considering the NIA’s appeal for the death penalty, with the next hearing scheduled for September 15.

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