Supreme Court stresses on fair trial in verdict against Yasin Malik.

National

Supreme Court stresses on fair trial in verdict against Yasin Malik.

21-Nov-2024 636

The Supreme Court was hearing a CBI plea against order to produce Yasin Malik physically in Jammu court for trial.

The Supreme Court on Thursday observed that even terrorist Ajmal Kasab was given a fair trial, while hearing an appeal by the CBI against an order to physically produce Kashmiri separatist and terror convict Yasin Malik to a Jammu court for trial in connection with a case relating to the killing of 4 IAF personnel in 1989, Live Law reported. The CBI had cited security concerns and taken exception to the order to produce Malik physically.

CBI Raises Security Concerns

Solicitor General Tushar Mehta told a bench comprising Justice Abhay S Oka and Justice Augustine George Masih that the Kashmiri separatist could not be taken all the way from Delhi’s Tihar Jail to Jammu for trial. “The safety of the witnesses was also a matter of concern," he added. Taking note of the concern, the top court suggested that a makeshift courtroom could be set up in jail to physically cross-examine Malik, Bar and Bench reported.

“In our country, fair trial was given even to Ajmal Kasab. A courtroom can be set up in jail and it can be done there, just find out how many witnesses. Even witnesses will need security. We need to see how the judge will be posted in jail only for this court," Justice Oka said.

Mehta reiterated that the CBI does not wish to take the terror convict to Jammu and Kashmir for trial. ‘Yasin Malik Not Just Another Terrorist, Govt Cannot Go By Books’: Tushar Mehta “But how can cross-examination can be done in VC?" Justice Oka then asked, as per Bar and Bench.

The SG said that Yasin Malik is “not just another terrorist" and the Centre “cannot go by the books" in his case. He also cited the instances of his travel to Pakistan and meetings with Mumbai terror attack mastermind Hafeez Saeed.

“If he (Malik) is adamant to appear personally, then the trial can be shifted here (to Delhi). He is not just another terrorist. Government cannot go by the books in such cases; he frequently travelled to Pakistan and shared the dais with Hafeez Saeed … In Gujarat, there was even trial in jail," the SG replied, reported Bar and Bench.

What Is The Matter?

A Jammu special court had ordered Malik’s physical appearance for cross-examination of witnesses in two cases – the abduction of Rubaiya Sayeed who was the daughter of former Chief Minister Mufti Muhammad Sayeed in 1989, and the killing of four IAF personnel. The CBI had challenged the trial court’s order before the top court which, in April last year, issued a notice in the matter and stayed the lower court’s order.

Notably, terror convict Malik was physically present during a hearing in July 2023 hearing of the matter in the Supreme Court, after informing the jail authorities that he wanted to physically attend the hearing. Justice Dipankar Datta had recused himself from hearing the case back then. Soon after the appearance, Tushar Mehta had written a letter to Home Secretary Ajay Bhalla stating that Yasin Malik’s presence in the top court was a grave security lapse.(Agency)