SC suggests setting up courtroom in jail for Kashmiri separatist Yasin Malik amid security concerns

The court said a fair trial was afforded to even 26/11 Mumbai attack terrorist Ajmal Kasab

The Supreme Court on Thursday (November 21, 2024) orally suggested setting up a courtroom in jail in Delhi for Kashmiri separatist Yasin Malik in the face of strong objection raised by the Central Bureau of Investigation (CBI) to a Jammu court order allowing his physical presence in a criminal trial connected to the killing of four Air Force personnel in 1989.

Justice A.S. Oka said a fair trial was afforded to even 26/11 Mumbai attack terrorist Ajmal Kasab in response to Solicitor General Tushar Mehta’s submission that Malik was not “just another terrorist”.

Mr. Mehta, for the Central agency, said “We, that is the government, cannot go by the book in this case”.

The Solicitor General submitted that Malik was playing tricks with the courts by insisting on cross-examining witnesses in the trial instead of keeping a lawyer. The law officer said Malik had been in contact with Pakistani militant and founder of terrorist organisation Lashkar-e-Taiba Hafiz Saeed.

Opposing the Jammu court order, the top law officer cautioned that taking Malik to Jammu would be a security risk. Already, he said, a witness in the case has been killed.

Justice Oka raised doubts about online connectivity in Jammu while exploring the idea of facilitating Malik’s virtual presence i. the Jammu court trial. Mr. Mehta assured the Bench that connectivity was good.

“We can set up a courtroom in Delhi in jail…” Justice Oka proposed while Mr. Mehta raised no objection to it.

The court highlighted that witnesses in the case would require security, and asked for details about the arrangements to protect them.

Mr. Mehta mentioned how Malik was once brought in person to the Supreme Court last year in July after the Tihar Jail had misinterpreted a judicial order. The visit had caused quite a furore and led to sharp remarks from the Bench.

The Bench adjourned the case to November 28, giving time to the CBI to amend its petition and implead the other accused persons as respondents in the case.

The Supreme Court had last year stayed the Operation Jammu Special Court order allowing Malik’s physical presence at the trial to cross examine witnesses in the case.

Published - November 21, 2024 01:05 pm IST