During the proceedings, the court was informed that one of the accused is deceased. The Court emphasized that all accused must be heard before a decision on transferring the trial is made.
New Delhi: The Supreme Court on Wednesday (December 18) directed the co-accused in the case to respond to the CBI’s plea requesting the transfer of trial in two separate cases involving Yasin Malik.
A bench comprising Justices Abhay S. Oka and Augustine George Masih granted two weeks for the co-accused to file a reply to the Central Bureau of Investigation’s (CBI) application.
The matter is scheduled for hearing on January 20, 2025.
During the proceedings, the court was informed that one of the accused is deceased. The Court emphasized that all accused must be heard before a decision on transferring the trial is made.
Earlier, the Supreme Court had proposed the establishment of a temporary courtroom in jail for conducting the trial of terror convict Yasin Malik (Central Bureau of Investigation v. Mohd. Yasin Malik [SLP(Crl) 5526-5527/2023] in two cases related to kidnapping and murder.
The court noted that Ajmal Kasab had been provided a fair trial as well.
In an interesting turn of events, Malik appeared physically in the Supreme Court during a July 2023 hearing after informing jail authorities of his intention to attend.
Justice Dipankar Datta recused himself from the case shortly after. Following this, SG Mehta sent a strongly worded letter to the Home Secretary, Ajay Bhalla, highlighting a serious security breach due to Malik’s presence in the Supreme Court.
Solicitor General Tushar Mehta stated, “We don’t want to take him to Jammu.” due to security concerns. However, Justice Abhay Oka expressed concerns about conducting cross-examinations online due to connectivity issues in Jammu.
In response, Mehta assured, “Let me look into it. One thing is clear from the photos – he is the man, in Pakistan.”
Justice Oka highlighted that
“Ajmal Kasab was given a fair trial in India, to which Mehta remarked, “We are ready to represent, but he is refusing.”
The remarks were made during the hearing of the CBI’s plea against a Jammu court’s order requiring Malik’s physical presence in the trial.
Solicitor General Tushar Mehta informed the Court that a fully functional court with video conferencing facilities exists within the jail, where hearings had previously taken place. The CBI sought to avoid transporting Malik, who is incarcerated in Tihar Jail, Delhi, to Jammu and Kashmir for security reasons.
The CBI had appealed against the Jammu Court’s order from September 20 and 21, which had issued production warrants for Malik in two cases. The Jammu Court had ordered Malik’s presence for cross-examination of witnesses in connection with the 1989 abduction of Rubaiya Sayeed, the daughter of former Jammu and Kashmir Chief Minister Mufti Mohammad Sayeed, and the killing of four IAF personnel. The Supreme Court had stayed this order in the previous hearing.
In an earlier communication, SG Mehta expressed security concerns regarding Malik’s presence in the Supreme Court and wrote to the Home Secretary, raising fears that Malik could escape, be forcibly removed, or be killed.
The letter referenced an order by the Ministry of Home Affairs that prohibits the removal of Malik from jail for security reasons under Section 268 of the Criminal Procedure Code.
Background
On May 24, 2022, a trial court sentenced Yasin Malik to life imprisonment after finding him guilty under the stringent Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code.
Malik had admitted to the charges, including those under the UAPA, leading to his conviction and life sentence.
Challenging the sentence, the NIA argued that a terrorist should not receive a life sentence solely for pleading guilty and avoiding trial. The agency sought to enhance the sentence to the death penalty, asserting that allowing “such dreaded terrorists” to escape capital punishment by pleading guilty would undermine the sentencing policy and provide terrorists a loophole to evade the death penalty.
