The Central Bureau of Investigation (CBI) on Thursday approached the Supreme Court to transfer the trial of Kashmiri separatist Yasin Malik from Jammu to a court inside Tihar Jail here, where Malik is currently imprisoned.
The CBI argued that Malik does not need to travel to Jammu for the trial as Tihar Jail has a fully equipped courtroom with video conferencing facilities.
Solicitor General (SG) Tushar Mehta informed the Court during a hearing.
A Supreme Court bench of Justice Abhay S. Oka and Justice Augustine George Masih was hearing the CBI’s appeal against a Jammu trial court order requiring Malik’s physical appearance in a case linked to the 1989 killing of four Indian Air Force personnel.
The CBI raised concerns about Malik’s transportation to Jammu, citing security risks. They also highlighted that a witness in the case was assassinated earlier.
The SG alleged that Malik, serving a life sentence in Tihar Jail for another case, refuses to hire a lawyer and insists on being present in court to delay proceedings.
Justice Oka noted concerns about poor internet connectivity in Jammu for virtual hearings and asked if the trial could be conducted within the jail instead of moving Malik.
The bench stressed that all accused in the case must be allowed to present their views before the court decides on the transfer.
The bench issued notices to other accused persons and allowed the CBI to amend its petition to include them.
The next hearing is scheduled for December 18.
The CBI also pointed out that Malik had previously been brought to the Supreme Court physically due to a misunderstanding, raising security concerns.
This led the Supreme Court to stay a 2023 Jammu court order requiring Malik’s physical presence for witness cross-examinations.
In May 2022, a special NIA court sentenced Malik to life imprisonment for conspiracy, terror funding, and waging war against the state.
The NIA has appealed to the Delhi High Court, seeking a death sentence for Malik.
