The Supreme Court will decide on February 21 whether the trial against Jammu and Kashmir Liberation Front (JKLF) chief Yasin Malik, who is currently serving a life sentence in Tihar Jail, should be held in Jammu.
The court is considering a petition filed by the Central Bureau of Investigation (CBI), which seeks to transfer the trial from Jammu to Delhi.
Supreme Court Directs Visit To Assess Facilities
In its recent proceedings, the Supreme Court directed the Registrar IT of the Delhi High Court to visit Tihar Jail and assess whether the facilities there are adequate for holding the trial. This decision follows concerns raised by Yasin Malik’s legal team regarding the logistics of conducting the trial remotely.
The court also instructed the Jammu and Kashmir High Court to immediately set up proper video-conferencing facilities at the trial court in Jammu to facilitate remote proceedings.
Yasin Malik’s Request For Physical Cross-Examination
During the hearing, Yasin Malik insisted on being physically present in the courtroom to cross-examine witnesses in the case. As a result, the trial court ordered the physical production of Malik from Tihar Jail. However, the CBI objected, arguing that transporting Malik, a convicted terrorist, to Jammu and Kashmir would pose a serious security risk.
Meanwhile, a bench headed by Justice Abhay Oka is hearing the case. In the previous hearing, the CBI filed a petition requesting the transfer of the case from Jammu and Kashmir to Delhi, citing security concerns.
Solicitor General Tushar Mehta, representing the CBI, stated that video conferencing facilities for the trial are already available in Tihar Jail.
Court Considers Cross-Examination Concerns
The Supreme Court, while discussing the issue, raised the challenge of conducting cross-examination through video conferencing. Solicitor General Mehta proposed that if Malik insists on appearing in person, the trial should be moved to Delhi.
He stressed that Yasin Malik is not just a terrorist but also has significant ties with Pakistani terror groups, which further raises security concerns. The court acknowledged the importance of ensuring fairness in the trial, noting that the justice system had given high-profile terrorists like Ajmal Kasab a fair hearing.
Supreme Court Approves Revised Petition And Further Steps
After hearing both sides, the Supreme Court allowed the CBI to file a revised petition and granted permission to include all accused parties in the case as participants. The court also noted that authorities could set up a courtroom within the jail, similar to a trial conducted in Gujarat in the past.
For the unversed, the case revolves around the kidnapping of Rubaiya Sayeed, the daughter of former Jammu and Kashmir Chief Minister Mufti Mohammad Sayeed, in 1989. Yasin Malik kidnapped Rubaiya Sayeed, and the case has been ongoing since then.
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