Yasin Malik Declines Legal Representation, Will Defend Himself in Death Penalty Case

Yasin Malik Declines Legal Representation, Will Defend Himself in Death Penalty Case

Kashmiri separatist leader Yasin Malik informed the Delhi High Court on Friday that he intends to personally argue his case in response to the National Investigation Agency's (NIA) plea seeking the death penalty against him.

Despite the Court's suggestion to either appoint a counsel of his choice or have an amicus curiae represent him, Malik, appearing via video conference, firmly stated that he does not wish for any lawyer to defend him.

He told the division bench, comprising Justice Suresh Kumar Kait and Justice Girish Kathpalia, that he will represent himself in the proceedings.

Malik said “In the trial court, I argued myself. I will argue myself because I know much better about this case. I will argue in person. I didn’t engage any lawyer in the trial court. I don’t want any lawyer here also”. 

The Delhi High Court noted that an earlier order mandated Yasin Malik's appearance via video conference due to security concerns. The Court mentioned that Malik could challenge this order before the Supreme Court if he wishes. Additionally, the Court recorded Malik's refusal to file a reply to the NIA's plea or submit written arguments. However, the Court allowed him to reconsider his decision and inform them on the next date of the hearing.

The National Investigation Agency (NIA) has appealed to the Delhi High Court against a trial court order that sentenced Yasin Malik to life imprisonment. Malik had pleaded guilty to charges under Sections 120B, 121, and 121A of the Indian Penal Code (IPC), as well as Sections 13, 15, 17, 18, 20, 38, and 39 of the Unlawful Activities (Prevention) Act (UAPA) read with Section 120B of the IPC. In its detailed judgment in May 2022, the special NIA court noted that Malik had betrayed the government's goodwill by choosing the path of violence.

Despite the NIA's demand for capital punishment, the trial court declined to impose the death penalty, reasoning that such a sentence should only be given in exceptional cases where the crime "shocks the collective consciousness of society." The NIA is now seeking the death penalty through its appeal to the High Court.

 

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