The Supreme Court Today (Nov 28) sought Yasin Malik’s response to a plea by the Central Bureau of Investigation (CBI) to transfer the trial in two cases pending against the terror convict from Jammu to New Delhi. The CBI has urged the Court to transfer the trial in two cases, a murder case and a kidnapping case. that are pending against Malik from Jammu to Delhi. The Supreme Court has issued notices and scheduled further proceedings for December 14.
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NEW DELHI: The Central Bureau of Investigation (CBI) today submitted an application to the Supreme Court, requesting the transfer of the trial involving Kashmiri separatist leader Yasin Malik from Jammu to a court facility located within Tihar Jail, where Malik is currently incarcerated.
The Solicitor General of India emphasized that Malik’s physical presence in the Jammu court is unnecessary since Tihar Jail is equipped with a fully functional court and video conferencing facilities.
“There is a fully functional court in (Tihar) Jail itself with all facilities of VC also and in past proceedings have taken place there”
-the Solicitor General informed the Supreme Court.
He added that two applications have been filed in the matter by the CBI, including one to transfer the cases against Malik from Jammu to Delhi.
The case is being heard by a bench comprising Justice Abhay S. Oka and Justice Augustine George Masih.
This appeal by the CBI challenges a previous order by the Jammu trial court, which mandated Malik’s physical production for proceedings related to the 1989 killing of four Indian Air Force personnel.
During the hearing, Solicitor General Tushar Mehta stated,
“I have submitted applications to amend the cause title. It has been placed on record that a fully functional court already exists within the jail, equipped with all necessary facilities, including video conferencing. Past proceedings have also been conducted there.”
Following these arguments, the Supreme Court issued the following order:
“An application has been filed for modifying the memo of parties. The application is allowed. The amended cause title is to be filed within three days from today. Issue notice to contesting respondents No. 2 to 11, returnable on December 18. Another application seeking transfer of the case has also been filed and is taken on record. Issue notice on this application as well, returnable on December 18.”
This development aims to streamline the judicial process while ensuring security and convenience, as Malik is already housed within Tihar Jail, which possesses the infrastructure required for conducting court proceedings effectively.
Interestingly, Malik was physically present in the Supreme Court during a July 2023 hearing of the matter, after intimating jail authorities that he wanted to physically attend the hearing. At the time, Justice Dipankar Datta recused from hearing the case.
Shortly thereafter, SG Mehta wrote a strongly worded letter to Home Secretary Ajay Bhalla, stating that Yasin Malik’s presence in the Supreme Court was a grave security lapse.
The next hearing in this matter is scheduled for December 14.
PREVIOUSLY IN APEX COURT
Even 26/11 terrorist Ajmal Kasab got a fair trial in this country, the Supreme Court said on November 21 as it heard the CBI’s challenge to a Jammu court order asking separatist leader Yasin Malik to appear in person.
The matter relates to the killing of four Indian Air Force personnel on the outskirts of Srinagar in 1990 and the 1989 kidnapping of Rubaiya Sayeed, then Home Minister Mufti Mohammed Sayeed’s daughter.
Yasin Malik is the main accused in both cases.
Malik is serving a life-term in Delhi’s Tihar jail in a terror funding case. In 2022, a court hearing Terrorist and Disruptive Activities (Prevention) Act cases asked Malik to appear in person. Malik has also said he wants to appear in person. The CBI has challenged the Jammu court order, saying that Malik’s physical appearance may disrupt the atmosphere in Jammu and Kashmir and witnesses against him may be endangered.
Appearing for the central agency, Solicitor General Tushar Mehta told the bench of Justice AS Oka and Justice AG Masih:
“We do not want to take him to Jammu and Kashmir.”
Justice AS Oka asked:
“But how can cross examination be done in VC (video conference)”.
The bench noted the poor Internet connectivity in Jammu.
Mr Mehta said if Malik is adamant to appear personally, the trial can be shifted to Delhi.
He also said the separatist leader is “playing tricks” by insisting that he would appear in person.
The Solicitor General said-
“Malik is not just another terrorist”.
To this, Justice Oka said,
“Take instructions how many witnesses are there in trial… in our country, a fair trial was given even to Ajmal Kasab”.
Mr Mehta said:
“The government cannot go by the books in such cases. He (Malik) frequently travelled to Pakistan and shared dais with Hafeez Saeed,”
The bench agreed that a court can be set up in jail for the hearing. It then asked the Centre to find out how many witnesses will appear and their security arrangements.
“We need to see how the judge will be posted in jail only for this court,”
-it said.
Click Here to Read Previous Reports on Yasin Malik
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