Today, On 4th April, Supreme Court permits Yasin Malik to cross-examine witnesses via video conferencing from Tihar Jail.The court approved the use of video conferencing for witness cross-examination.Yasin Malik will be able to question witnesses remotely from Tihar Jail.This decision ensures that his legal process continues smoothly.
New Delhi: The Supreme Court on Friday permitted jailed JKLF chief Yasin Malik to cross-examine witnesses via video conferencing from Tihar Jail.
This decision was made in response to a request from the Central Bureau of Investigation (CBI) to transfer the trials in two cases: the 1989 kidnapping of Rubaiya Sayeed, daughter of former Union Minister Mufti Mohammed Sayeed, and the 1990 Srinagar shootout case.
Malik, appearing in person from Tihar Jail, challenged the CBI’s characterization of him as a “dreaded” terrorist, arguing that it has fostered a misleading narrative about him.
Highlighting the privileges he has received under successive prime ministers in the past. Malik stated,
“I am not a terrorist. I am a political leader,”
The bench stated,
“We are not deciding whether you are a terrorist or a political leader. The only issue is whether you should be permitted to cross-examine witnesses through VC.”
The court referenced Section 530 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which allows for the recording of witness evidence via electronic means.
It instructed the trial judge to carefully adhere to the regulations established on February 11, 2020, for J&K courts, which outline guidelines for conducting trials and recording evidence, while prohibiting the recording of statements under Section 164 of the Code of Criminal Procedure (CrPC) through electronic means.
The court asked Malik if he wished to hire a lawyer. Although Malik declined, the bench noted that his decision would not prevent him from engaging a lawyer later.
These cases involve the killing of four Indian Air Force (IAF) personnel on January 25, 1990, in Srinagar and the abduction that occurred on December 8, 1989.
A bench consisting of Justices Abhay S Oka and Ujjal Bhuyan reviewed reports from the registrar IT of the Delhi High Court and the registrar general of the Jammu and Kashmir High Court about the video conferencing facilities available in Tihar Jail and Jammu.
The Supreme Court noted that the Jammu sessions court was “well-equipped” with the necessary video-conferencing system for virtual examination.
Also Read: “Gave up arms, I’m a Gandhian Now”: Separatist Yasin Malik to UAPA Tribunal
Additionally, the court acknowledged Malik’s statement that he does not wish to hire a lawyer for the cross-examination of witnesses.
The Supreme Court was reviewing a CBI plea challenging a September 20, 2022, ruling by a Jammu trial court that ordered Malik, who is serving a life sentence in Tihar Jail, to be physically present for cross-examination of prosecution witnesses in the Sayeed case.
The CBI argued that Malik poses a national security threat and should not be allowed to be taken outside the Tihar Jail premises.
Rubaiya Sayeed was released five days after her kidnapping when the BJP-supported V.P. Singh government at the time agreed to release five terrorists in exchange for her freedom. She currently resides in Tamil Nadu and serves as a prosecution witness for the CBI, which took over the case in the early 1990s.
Malik has been incarcerated in Tihar Jail since being sentenced by a special NIA court in May 2023 for a terror financing case.
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