On Thursday, the Supreme Court reaffirmed that Kashmiri separatist leader Yasin Malik is entitled to a fair trial in connection with the 1990 killing of Indian Air Force (IAF) officers in Srinagar.
The court emphasized that even individuals accused of terrorism, such as Ajmal Kasab, granted the right to a fair legal process, highlighting the importance of judicial fairness regardless of the gravity of the charges.
The bench comprising Justice Abhay S Oka and Justice Augustine George Masih made the observations during the hearing of an appeal filed by the Central Bureau of Investigation (CBI).
The CBI had challenged an order by a Jammu trial court directing the physical production of Malik, citing security concerns surrounding his transfer and the safety of witnesses involved in the 1989 killings of four IAF officers.
Representing the CBI, Solicitor General Tushar Mehta argued that Malik’s physical presence in court could jeopardize both the trial and the witnesses’ security, especially given the high-profile nature of the case.
Mehta also criticized Malik for allegedly attempting to manipulate the process by requesting to cross-examine witnesses without legal representation.
Yasin Malik’s Ties To Terrorist Elements
To bolster his case, the Solicitor General displayed a photograph of Malik with Hafiz Mohammad Saeed, the notorious founder of the Lashkar-e-Taiba (LeT), further underlining Malik’s involvement with terrorist elements.
Mehta stated that the accused is not an ordinary criminal or just another terrorist. He further emphasized that the individual had travelled to Pakistan multiple times to meet Hafiz Saeed.
According to Mehta, the government cannot follow standard procedures in this case, as the witnesses require security, citing the assassination of one witness as a significant concern.
In response, Justice Oka pointed out that even Ajmal Kasab, the mastermind of the 2008 Mumbai attacks, received a fair trial.
He emphasized that the court must ensure every accused, including Malik, has the opportunity to present their case before passing a verdict, stressing the importance of procedural fairness.
The bench suggested that the government consider holding the trial in a secure facility, such as a jail, and allow Malik to attend the proceedings virtually through the Supreme Court’s video conferencing facilities.
The court also adjourned the hearing, giving the CBI permission to amend its petition and include all accused parties as respondents in the case.
Case Background
The controversy surrounding Malik’s trial dates back to May 2022, when the National Investigation Agency (NIA) court sentenced him to life imprisonment after he admitted to charges of waging war against the state, conspiracy, and funding terrorism.
Following this, the NIA appealed to the Delhi High Court, seeking a death sentence for Malik.
Authorities accuse Yasin Malik of masterminding the killing of four IAF personnel in Srinagar’s Rawalpora locality on 25 January 1990, a case that has remained mired in legal and security complications for decades.
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