Read Time: 05 minutes

Synopsis

The Supreme Court today 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 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. 

This was said by the top court's division bench while hearing CBI's plea challenging a Jammu court order calling terrorist Yasin Malik to be physically present for trial proceedings.

Jammu Kashmir Liberation Front terrorist Yasin Malik's case is that he wants to be personally present before court.

Solicitor General Tushar Mehta appearing for CBI told the bench today, "We don't want to take him to Jammu, he is refusing representation..".

"How will cross examination be done online?", court thus questioned.

Court was further told that witnesses have been assassinated. "We cannot go by the books in such cases.. he frequently travelled to Pakistan and shared dais with Hafeez Saeed..", the SG added. 

In 2022, a court hearing Terrorist and Disruptive Activities (Prevention) Act cases 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 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.