Today, Justice Amit Sharma of the Delhi High Court recused himself from hearing the National Investigation Agency (NIA)'s appeal seeking the death penalty for separatist leader Yasin Malik in a case under the Unlawful Activities Prevention Act (UAPA).

NIA's appeal was scheduled to be heard before a Division Bench comprising Justice Prathiba M Singh and Justice Amit Sharma. The Court ordered listing of the case before a different bench on August 9.

Justice Sharma recently recused himself from hearing bail pleas connected to the 2020 Delhi riots. The bench of Justice Singh and Justice Sharma was newly constituted following a rotation in the High Court's roster

The NIA has filed an appeal challenging a trial court's decision to sentence Malik to life imprisonment. Malik had pleaded guilty to charges under Section 120B, 121, 121A of the Indian Penal Code (IPC), and Sections 13 and 15 of the Unlawful Activities Prevention Act (UAPA), along with Section 120B of the IPC, and Sections 17, 18, 20, 38, and 39 of the UAPA.

In a comprehensive judgment issued in May 2022, the special NIA Court noted that Malik had forsaken peaceful means and opted for violence, thereby betraying the government's goodwill intentions.

The judge also dismissed Malik's claim that he had adopted Gandhian principles after 1994.

Previously, the NIA had sought the death penalty for Malik in the trial court, but this request was denied. The trial court reasoned that the death penalty should be reserved for exceptional cases that profoundly disturb societal conscience by their very nature.

Subsequently, the NIA filed an appeal before the High Court, which was acknowledged on May 29 when the Court issued a notice regarding the appeal.