The Supreme Court on Friday granted the Central Bureau of Investigation’s plea and ruled against producing terror convict Yasin Malik physically in a Jammu court in connection with trial in two criminal cases. Malik, lodged in Tihar jail, will attend the hearing and cross-examine witnesses through videoconferencing.
Hearing CBI’s plea challenging the physical production of Malik in a Jammu court, a bench comprising Justices Abhay S. Oka and Ujjal Bhuyan ordered against producing Malik physically for trial in two cases – the killing of four Indian Air Force (IAF) personnel on January 25, 1990 and the 1989 kidnapping of Rubaiya Sayeed, daughter of former Jammu and Kashmir CM Mehbooba Mufti.
A special TADA court in Jammu had ordered the physical appearance of Malik in court for conducting cross-examination in the cases. Malik is lodged in Tihar jail following his conviction in a terror funding case in 2023.
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The CBI challenged the Jammu court’s order and argued in top court that taking Malik to Jammu posed significant security challenges. The leader of the Jammu and Kashmir Liberation Front must not be allowed to leave Tihar jail, CBI argued. The agency informed the apex court that a fully functional courtroom and video conferencing facilities are available at the jail premises.
Noting prohibitory orders have been issued under Bharatiya Nagarik Suraksha Sanhita restricting Malik’s movement from Delhi for one year, the apex court granted CBI’s plea. The top court also noted videoconferencing facilities are available in Jammu court and Tihar prison. Malik, who has not engaged a lawyer, will cross-examine witnesses through videoconferencing.
