Today, On 18th December, The Supreme Court stated that “if the trial is to be transferred, then all accused must be heard” as it granted an extension to six accused in prominent terror cases to respond to the CBI’s request for transferring the trial. The court highlighted the significance of procedural justice. The CBI’s plea aims to shift the trial to another jurisdiction to ensure impartiality. lding judicial fairness.
New Delhi: The Supreme Court granted JKLF chief Yasin Malik and five others two weeks to respond to the CBI’s request to transfer the trial of two terrorism cases from Jammu to New Delhi.
One case involves the killing of four Indian Air Force personnel during a shootout in Srinagar on January 25, 1990, while the other pertains to the abduction of Rubaiya Sayeed, daughter of then Union Home Minister Mufti Mohammed Sayeed, on December 8, 1989.
A bench of Justices Abhay S Oka and Manmohan noted that six accused have yet to file their responses to the CBI’s plea and instructed them to do so within two weeks.
Read Also: “Gave up arms, I’m a Gandhian Now”: Separatist Yasin Malik to UAPA Tribunal
The case is scheduled for further hearing on January 20, 2025.
The bench stated,
“If the trial is to be transferred, then all accused must be heard,”
The court informed that one of the accused, Mohammed Rafiq Pahloo, has passed away, resulting in the abatement of the trial against him. In addition to Malik and Pahloo, ten individuals are involved in the CBI’s plea, with six not having submitted replies.
On November 28, the Supreme Court sought responses from Malik and the others regarding the CBI’s request for a trial transfer. Solicitor General Tushar Mehta informed the bench that Malik does not need to be physically present in the Jammu court for the kidnapping case, as Tihar Jail has a court equipped with video-conferencing facilities.
The Supreme Court was addressing a CBI plea against a September 20, 2022, order from a Jammu trial court that mandated Malik, who is currently serving a life sentence in Tihar Jail, to appear physically for cross-examination of prosecution witnesses in the Rubaiya Sayeed case. The CBI argued that Malik poses a threat to national security and should not be taken outside the Tihar Jail premises.
Rubaiya Sayeed was released five days after her abduction when the then BJP-backed V P Singh government agreed to release five terrorists in exchange. She now resides in Tamil Nadu and is a prosecution witness for the CBI, which took over the case in the early 1990s. Malik has been incarcerated in Tihar Jail following his sentencing by a special NIA court in May 2023 for a terror-funding case.
Yasin Malik, the leader of the Jammu Kashmir Liberation Front (JKLF), played a significant role in the Kashmir separatist movement, characterized by a blend of militant activities and later advocacy for a peaceful resolution.
Malik’s political career began in the late 1980s when he joined the JKLF in 1988, following the contentious assembly elections of 1987. He gained prominence after the assassination of the group’s leader, taking over its leadership thereafter. In 1994, Malik announced an indefinite ceasefire, shifting away from violence and opting for a peaceful approach to achieving Kashmiri independence. This transition included initiatives such as the “Safar-i-Azadi” (Journey of Freedom) in 2007, which aimed to rally public support for the cause.
Despite his commitment to non-violence, Malik’s earlier actions have led to ongoing legal challenges. In March 2020, he faced charges under the Terrorist and Disruptive Activities (Prevention) Act (TADA) related to a 1990 attack on Indian Air Force personnel in Srinagar that resulted in four fatalities.
In May 2022, he was convicted by a National Investigation Agency (NIA) court on multiple counts, including criminal conspiracy and waging war against the state, to which he pleaded guilty.
He was sentenced to two life terms, along with additional concurrent prison sentences.