Justice Amit Sharma Recuses Himself From Yasin Malik’s Death Penalty Appeal

In a recent development, Justice Amit Sharma has recused himself from hearing the National Investigation Agency’s (NIA) appeal seeking the death penalty for Kashmiri separatist leader Yasin Malik. Malik was previously convicted in a terror financing case and sentenced to life imprisonment.

Justice Sharma had earlier appeared in the case as Special Public Prosecutor (SPP) for the NIA in 2010, creating a conflict of interest. The appeal was scheduled to be heard by a division bench comprising Justice Pratibha M Singh and Justice Amit Sharma. However, following Justice Sharma’s recusal, the matter has been listed for hearing on August 9 before a different bench, subject to the acting Chief Justice’s orders.

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Malik was produced before the court from Tihar Jail via video conferencing, as per an order passed last year. Earlier this year, a single judge directed the Tihar Jail Superintendent to ensure Malik receives proper medical treatment in the jail hospital, as he suffers from heart and kidney-related ailments.

In May 2022, the trial court sentenced Malik to life imprisonment after he pleaded guilty to the charges. The court rejected Malik’s plea that his actions were part of a peaceful, non-violent struggle, and instead found him guilty under the Unlawful Activities Prevention Act (UAPA).

The case also involved other prominent figures, including Hafiz Muhammad Saeed and Hizbul Mujahideen chief Salahuddin, who were charged and tried alongside Malik. However, three individuals – Kamran Yusuf, Javed Ahmad Bhat, and Sayeeda Asiya Firdous Andrabi – were acquitted by the court.