Thread by @LiveLawIndia

Delhi High Court is hearing NIA's plea seeking death penalty for Kashmiri separatist leader Yasin Malik who was convicted in connection with a terror funding case.

SGI Tushar Mehta appears for NIA.

#NIA #YasinMalik #DelhiHighCourt

Matter before Justice Siddharth Mridul and Justice Talwant Singh.

SGI Tushar Mehta is reading the order passed by the trial court sentencing Yasin Malik in the terror funding case.

#NIA #YasinMalik #DelhiHighCourt

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 case.

#NIA #YasinMalik #DelhiHighCourt

Mehta: You 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.

#NIA #YasinMalik #DelhiHighCourt

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.

#NIA #YasinMalik #DelhiHighCourt

Mehta: Section 121 of IPC is also punishable with death, waging war against the Government of India.

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Justice Mridul: Just show us the relevant portion from the order on charge.

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Justice Singh: You are talking about the killing of four IAF personnel, where is that discussed? It talks about stone pelting and all those things.

#NIA #YasinMalik #DelhiHighCourt

Justice Mridul: Where is that charge in terms of the mandate of section 15 of UAPA?

#NIA #YasinMalik #DelhiHighCourt

Justice Mridul: We understand section 15 but he (trial court judg) says these acts. Those acts have to be a reflection of what is before that....

Mehta: Section 121 is clearly made out my lords.

#NIA #YasinMalik #DelhiHighCourt

Justice Mridul: Is that in so far as the chargesheet refers to causing death of public functionaries and abducting the individual to force the government to do something, where is that in the order on charge?

#NIA #YasinMalik #DelhiHighCourt

Mehta: Chargesheet do specially mention.

Justice Singh to NIA SPP: But charges kaha hain? In the order of charge it should be clear....Take your time and tell us the charges for which he pleaded guilty. Not chargesheet.

#NIA #YasinMalik #DelhiHighCourt

As Mehta points out a relevant paragraph, Justice Singh said "This is the judgement."

Justice Mridul: You take a Passover, but what we want to know....In the charge sheet, those accusations have been levelled...the order on charge doesn't mention those allegations.

Mehta and NIA SPP: We will produce those at 2 PM.

Justice Mridul: What we're asking is when an individual is formally charged, charge has to be ascribed. What is the charge, what is it that he did.

#NIA #YasinMalik #DelhiHighCourt

Justice Mridul: We will be here at 12:15. Just pass it over.

Justice Singh: I think those documents are not in record.

Mehta: We will bring them on record.

Matter passed over.

#NIA #YasinMalik #DelhiHighCourt

Hearing resumes.

Mehta: There seems to be no specific reference on those four individuals but sec 15 uapa is there. And sec 121 IPC there is specific reference. There are more than one references to secessionist and terrorist acts which gives rise to death penalty.

#NIA… twitter.com/i/web/status/1…

Justice Mridul: Mr. Solicitor, please come to order on charge.

Mehta: My lords may first read 121 of IPC.

Justice Mridul: But charge framed against him is under sec. 121A.

Mehta: Section 121A is a penal provision.

Justice Mridul: What is missing from order in charge.....section 121 is missing.

#NIA #YasinMalik #DelhiHighCourt

Justice Mridul: The point is when the trial court record is so voluminous, it takes some time for us to understand it.

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Court records order.

"Having heard SGI and considering the evidence on record, including but not limited to circumstance that the respondent pleaded guilty to a charge made against him under sec 121 of IPC that stipulates among other punishment one of death, the delay in… twitter.com/i/web/status/1…

Court: in view of the circumstance that Yasin Malik is incarcerated in jail, issue notice to him through Tihar Jail superintendent.

Mehta: I am obliged because your lordships otherwise anyone can plead guilty and avoid death sentence and in future someone can take them back.… twitter.com/i/web/status/1…

Court: In view of the circumstance that Yasin Malik the sole respondent in this appeal has inter alia pleaded guilty to a charge under section 121 IPC which provides for alternate death sentence, we issue notice to him in both the application and appeal through jail… twitter.com/i/web/status/1…

Mehta: He is pleading guilty very tactfully.

Justice Mridul: That may be his constitutional right.

Mehta: If osama bin laden was tried here, he would have been permitted to plead guilty....

Justice Mridul: We can't compare this gentleman to osama bin laden because he nowhere… twitter.com/i/web/status/1…

Mehta: Possibly USA was right.

Justice Mridul: We can't comment upon that.

#NIA #YasinMalik #DelhiHighCourt

Matter will now be considered in August.

Court also issued production warrants for Yasin Malik.

#NIA #YasinMalik #DelhiHighCourt