"Jail authorities had no power to bring terrorist Yasin Malik to Supreme Court for personal appearance": SG Tushar Mehta writes to Home Secretary

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Synopsis

The letter by the Solicitor General of India was with respect to the dangers associated with having a terrorist like Yasin Malik appear personally in the highest Court, in light of Central Bureau of Investigation's (CBI) appeal against a lower court order in Jammu ordering his personal appearance

 

Solicitor General of India (SG), Tushar Mehta has written to the Home Secretary Ajay Kumar Bhalla about bringing terrorist Yasin Malik to Supreme Court premises for a personal appearance, even though there is an order passed under Section 268 of the Criminal Procedure Code, preventing the jail authorities from bringing the said convict out of the jail premises.

"Even the security of the Supreme Court would have been put to serious risk if any untoward incident were to happen."
- SG Tushar Mehta

The senior law officer stated in his letter that everyone was shocked today when the news was received that the jail authorities were bringing Malik to personally appear in the highest court, "as per his desire".

"It is my firm view that this is a serious security lapse," the SG said, emphasising that a terrorist like Malik with a secessionist background who is not only a convict in a terror funding case but also has known links in Pakistan with terror organisations, could have been forcibly taken away or could have been killed. 

He added that neither had the court summoned his appearance and nor was any permission taken from any authority of the top court.

"When I enquired from the officer who was in charge of security of Yasin Malik in the Supreme Court, the only thing he could show me was a printed notice in a general format of the Supreme Court which is sent with regard rot every party to any matter in the court," the SG says in the letter, adding that this is not a permission of the Court to bring a convict facing an order under s. 268 CrPc to come out of jail.