The Supreme Court will decide on January 20 whether to shift the trial of JKLF chief Yasin Malik from Jammu to Delhi. Malik, serving a life sentence in Tihar Jail, faces charges in the 1989 abduction of Rubaiya Sayeed, daughter of Mufti Mohammad Sayeed. Justice Abhay Oka leads the bench hearing the case. The court has given the co-accused two weeks to respond.
The CBI filed a plea to transfer the case, citing security concerns. Solicitor General Tushar Mehta, representing the CBI, argued for holding the trial in Delhi. He said video conferencing facilities exist in Tihar Jail, and earlier cases have been heard there. He noted that the Jammu Special Court finds it unsafe to produce Malik in person.
CBI Highlights Security Risks
Mehta told the court that Yasin Malik’s terrorist background poses significant risks. He claimed Malik could escape, be kidnapped, or face an attack. Malik’s links with Pakistan-based groups, including Hafiz Saeed, amplify these concerns.
The court expressed doubts about conducting cross-examinations via video conferencing. It suggested setting up a courtroom inside Tihar Jail, as was done in Gujarat. The court asked the CBI to file a revised petition and allowed the co-accused to join the case within a week.
Challenge to Jammu Court’s Order
The CBI is challenging a September 2022 order by the Jammu court allowing Malik’s personal appearance. Mehta wrote to the Union Home Secretary, objecting to Malik’s transport to court. He stated Malik’s presence in the Supreme Court posed risks to national security.
The Supreme Court emphasized ensuring a fair trial, citing the example of Ajmal Kasab. It will hear further arguments in January.
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