Delhi HC's Justice Amit Sharma recuses from hearing NIA's plea seeking Yasin Malik's death penalty in terror funding case
New Delhi/IBNS: Delhi High Court's Justice Amit Sharma Thursday recused from hearing an appeal moved by the National Investigation Agency (NIA) seeking the death penalty for Kashmiri separatist leader Yasin Malik, convicted and awarded a life sentence in a terror funding case.
Justice Sharma was appointed Special Public Prosecutor (SPP) for NIA in 2010 and handled prosecution relating to national security involving scheduled terrorist organisations.
The matter was scheduled for hearing before a division bench comprising Justice Prathiba M Singh and Justice Amit Sharma on Thursday.
Upon Justice Sharma's recusal, the court listed the matter before another bench on Aug 9, subject to orders of the Acting Chief Justice.
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.
Malik had moved a plea seeking appropriate directions from the Centre 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.
He had pleaded guilty in the case and did not contest the charges against him. 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 court had framed charges against Malik and various others under the Unlawful Activities Prevention Act (UAPA) in the case, in March 2022.
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