As the Supreme Court heard the CBI’s challenge to a Jammu court decision requesting that separatist leader Yasin Malik appear in person, it said today that even 26/11 terrorist Ajmal Kasab had a fair trial in this nation.
The case concerns the 1989 abduction of Rubaiya Sayeed, the daughter of then-Home Minister Mufti Mohammed Sayeed, and the 1990 murder of four Indian Air Force men on the outskirts of Srinagar. The primary defendant in both instances is Yasin Malik.
Malik is incarcerated in Delhi’s Tihar prison for life in connection with a terror funding case. In 2022, Malik was called to appear in person in a court hearing on cases under the Terrorist and Disruptive Activities (Prevention) Act. Malik has also expressed his desire to make an in-person appearance.
The CBI has challenged the Jammu court order, saying that Malik’s physical appearance may disrupt the atmosphere in Jammu and Kashmir and witnesses against him may be endangered.
Appearing for the central agency, Solicitor General Tushar Mehta told the bench of Justice AS Oka and Justice AG Masih, “We do not want to take him to Jammu and Kashmir.” Justice AS Oka asked, “But how can cross examination be done in VC (video conference)”. The bench noted the poor Internet connectivity in Jammu.
Mr Mehta said if Malik is adamant to appear personally, the trial can be shifted to Delhi. He also said the separatist leader is “playing tricks” by insisting that he would appear in person.
The Solicitor General said Malik is “not just another terrorist”. To this, Justice Oka said, “Take instructions how many witnesses are there in trial… in our country, a fair trial was given even to Ajmal Kasab”. Mr Mehta said the government “cannot go by the books in such cases”. “He (Malik) frequently travelled to Pakistan and shared dais with Hafeez Saeed,” he said.
The bench agreed that a court can be set up in jail for the hearing. It then asked the Centre to find out how many witnesses will appear and their security arrangements. “We need to see how the judge will be posted in jail only for this court,” it said. The matter will be heard again next Thursday.
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Source: NDTV
