Supreme Court hears Yasin Malik case

The CBI said the trial could be shifted to Delhi if Yasin Malik is adamant about appearing in person.

New Delhi:

Even 26/11 terrorist Ajmal Kasab received a fair trial in this country, the Supreme Court said today while hearing a CBI appeal against a Jammu court order requiring separatist leader Yasin Malik to appear in person. The cases involved the killing of four Indian Air Force personnel on the outskirts of Srinagar in 1990 and the abduction in 1989 of Rubaiya Saeed, the daughter of then Home Minister Mufti Mohammad Saeed. Yasin Malik is the main accused in both cases.

Malik is serving a life sentence in Delhi’s Tihar jail in a terrorism financing case. In 2022, Malik was required to appear in person for a trial under the Prevention of Terrorism and Disruptive Activities Act case. Malik also said he wants to perform in person. The CBI had challenged the Jammu court’s order, saying Malik’s appearance could disturb the atmosphere in Jammu and Kashmir and witnesses against him could be in jeopardy.

Appearing on behalf of the central agency, Solicitor General Tushar Mehta told Justice A.S. Oka and judge A.G. Masihu: “We don’t want to take him to Jammu and Kashmir.” Judge A.S. Oka asked: “How can you conduct cross-examination in VK (video conference).” The bench noted poor internet connectivity in Jammu.

Mr Mehta said if Malik was adamant about appearing in person, the trial could be shifted to Delhi. He also said the separatist leader was “being naughty” by insisting that he would appear in person.

The Solicitor General said Malik was “not just another terrorist.” To this, Justice Oka said, “Get instructions on how many witnesses are present in the court… in our country, even Ajmal Kasab was given a fair trial.” Mr Mehta said the government “cannot follow the rules in such cases”. “He (Malik) often traveled to Pakistan and shared the platform with Hafiz Saeed,” he said.

The court agreed that a trial could be held in prison to hold the hearing. He then asked the Center to find out how many witnesses would appear and what their security arrangements would be. “We need to see how the judge will be jailed just for this trial,” it said. The case will be heard again next Thursday.