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Synopsis

The Supreme Court of India today directed the Registrar General of the High Court of Jammu and Kashmir and Ladakh to promptly install proper video conferencing facilities in the Jammu court, where the trial of terrorist Yasin Malik is set to take place.

"We have perused the observations made by the learned Third Additional Judge, Jammu. He has recorded that the video conferencing system in his court is not functioning properly. We direct the Registrar General of the High Court of Jammu and Kashmir to address the issues raised by the learned judge and take immediate steps to install a proper system for conducting hearings via video conferencing," a bench led by Justice Abhay Oka said.

The bench, also comprising Justice Ujjal Bhuyan, accordingly ordered the Registrar General to submit a report by 17th February. "The Registrar General shall do the needful and submit a report to this court after deputing any other registrar to examine the newly installed system. Report to be submitted on 17th of February. List on 21st of February," the court directed.

Additionally, the court also directed the Registrar in charge of Information Technology (IT) for computers at the Delhi High Court to inspect the video conferencing facilities at Tihar Jail.

In November 2024, the Supreme Court had issued notice on an application filed by the Central Bureau of Investigation to transfer trial in the case involving terrorist Yasin Malik from Jammu to a court facility within Tihar jail, where he is currently lodged. Solicitor General Tushar Mehta had told the top court that Malik need not be physically produced before the court in Jammu for trial.

A bench of Justices Abhay S Oka and Augustine George Masih was also told that an application to implead the other co-accused had also been filed by the CBI.

Supreme Court, on the last date of hearing had observed that in our country even a terrorist like Ajmal Kasab was given the benefit of a fair trial.  Jammu Kashmir Liberation Front terrorist Yasin Malik's case is that he wants to be personally present before court.

In 2022, a court hearing Terrorist and Disruptive Activities (Prevention) Act cases had asked Malik to appear in person. Malik has also said he wants to appear in person. The CBI has challenged the Jammu court order, saying that Malik's physical appearance may disrupt the atmosphere in Jammu and Kashmir and witnesses against him may be endangered.

Last year, Solicitor General Tushar Mehta had also 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.

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. 

Case Title: Yasin Malik v CBI