Supreme Court Allows Yasin Malik To Cross-Examine Witnesses Via Video From Tihar Jail

The Supreme Court on Friday permitted separatist leader Yasin Malik to cross-examine prosecution witnesses through video conferencing from Tihar jail, instead of appearing in person before a special court in Jammu.

A bench comprising Justices Abhay S Oka and Ujjal Bhuyan denied Malik’s request for physical production, citing ongoing cases related to the 1989 kidnapping of Rubaiya Sayeed and the killing of four Indian Air Force personnel.

The court observed that the Centre had issued an order in December 2025 under Section 303 of the Bharatiya Nagarik Suraksha Sanhita and the Unlawful Activities (Prevention) Act, barring Malik’s movement from Delhi for a year.

Reports from the Jammu and Kashmir and Ladakh High Court Registrar General and the Tihar Jail Superintendent confirmed that both the trial court in Jammu and Tihar Jail are equipped with video conferencing capabilities.

Solicitor General Tushar Mehta informed the court of security concerns over transporting Malik to Jammu, reinforcing the government’s position.

The matter arose from a petition filed by the Central Bureau of Investigation (CBI), which has sought to transfer Malik’s trials in the Rubaiya Sayeed kidnapping and the Srinagar shootout cases from Jammu to Delhi.

Malik appeared before the bench via video link during the hearing and claimed he was a political leader, not a terrorist.

Court Focused On Mode Of Examination

Justice Oka clarified that the court was not evaluating the merits of the case, but only deciding on the mode of his participation during cross-examinations.

Justice Oka stated, “We are not deciding the issue whether you are a terrorist or a political leader. The only issue is whether you should permitted to cross-examine the witnesses by video conference.”

Earlier, the Supreme Court directed the Registrar General to set up proper video conferencing facilities at the Jammu special court handling Malik’s trials.

The CBI had also contested two orders passed in September 2024 by the Additional Sessions Judge in Jammu (TADA/POTA), which had issued production warrants for Malik in separate cases.

The Jammu court had called for Malik’s physical appearance for witness cross-examinations in the 1989 kidnapping of Rubaiya Sayeed – daughter of former Union Minister Mufti Muhammad Sayeed – and the killings of IAF personnel.

However, the top court stayed the Jammu court’s order in April 2023 and suggested holding the trials inside jail premises for security reasons.

It further noted that even Ajmal Kasab had granted a fair trial under tight security.

The special court in Jammu continues to hear the 1989 and 1990 cases involving Malik and others.

A special NIA court sentenced Malik in a terror-funding case in May 2023, and he has since remained in Tihar jail.

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