The Supreme Court on Thursday suggested for setting up a courtroom in Tihar Jail to cross-examine the terror convict Yasin Malik.
The Top Court suggested this while hearing an appeal filed by the Central Bureau of Investigation (CBI) against a special Jammu court order calling for Yasin Malik’s physical presence for trial proceedings.
A Bench comprising Justice Abhay S Oka and Justice Augustine George Masih suggested that a makeshift courtroom could be set up in jail to cross-examine terror convict, Yasin Malik physically.
Two cases are filed against him -One for kidnapping and a second for murder, which are pending before the court for trial in Jammu.
Earlier Justice Dipankar Datta had recused himself from the case.
Solicitor General of India, Tushar Mehta appearing for the CBI, told the court, “We don’t want to take him to Jammu.”
Malik is currently lodged at Delhi’s Tihar Jail.
Justice Oka asked, “How will cross-examination be done online? There is hardly any connectivity in Jammu.”
The SG said, “Let me examine this. One thing is clear, look at the photographs – he was seen with a man in Pakistan.
The Government cannot go by the books in such cases.. he frequently travelled to Pakistan and shared dias with Hafeez Saeed, the SG said.
Justice Oka said, “In our country fair trial was even given to Ajmal Kasab.”
SG said, “We are ready to represent him, but he is refusing it.
He is adamant about appearing personally, and the trial can be shifted to Delhi. He is not just another terrorist,” Tushar Mehta added.
Justice Oka said, “Take instructions on how many witnesses are there in the trial.
SC then suggested, “ A courtroom can be set up in jail and it can be done there.
The SG agreed and said, “ In Gujarat also, the trial was conducted in jail
The court directed the Investigating agency to find out how many witnesses were there.
And even witnesses will require security, the Apex court said, adding,” We need to see how the judge will be posted in jail only for this court,” the bench said.
The Court asked, “Are there any other accused on trial.. we need to implead them also.”
SG asked, “Then can we move a plea seeking this relief.”
The Court said, “ We permit the petitioner to implead all the accused in this case as party respondents. Please check if all of them are accused.
Amended title to be filed in one week, the court said.
Earlier Malik was physically present in the Supreme Court in the July 2023 hearing of the matter.
He insisted to the jail authorities that he wanted to physically attend the hearing.
At the time, Justice Dipankar Datta was recused from hearing the case.
The Jammu special court had sought Malik’s appearance for cross-examination of witnesses in two cases – the killing of four IAF personnel and the abduction of Rubaiya Sayeed, daughter of former Chief Minister Mufti Muhammad Sayeed in 1989.
This trial court had issued a notice in the matter in April last year.
The CBI then challenged the trial court order before the Supreme Court order which stayed the order.
SG Mehta had also written a letter to Home Secretary Ajay Bhalla, stating that Yasin Malik’s presence in the Supreme Court was a grave security lapse.
Recently, while seeking Delhi High Court’s intervention to seek medical treatment at AIIMS, Malik had claimed that the authorities were preventing his physical production before courts under the “garb” of an order passed under Section 268 (orders preventing the removal of persons from jail) of the Code of Criminal Procedure (CrPC).
The terror convict had also urged the Delhi High Court to revoke this Section 268 communication and order the authorities to produce him physically before courts as and when his physical presence is required.
The Court posted the matter to November 28.
