NEW DELHI: The Supreme Court on Thursday sought a response from Jammu and Kashmir's separatist leader Yasin Malik on a CBI's plea for transfer of the trial in connection with killing of four IAF personnel and the abduction of Rubaiya Sayeed, daughter of Mufti Muhammad Sayeed in 1989, from Jammu to Delhi's Tihar jail here.
Supreme Court Questions Trial Location Amid Security Concerns for Yasin Malik
A bench of Justices Abhay S Oka and Augustine George Masih was told by Solicitor General Tushar Mehta that the applications have been filed for shifting the trial and the impleadment of co-accused in the matter.
Mehta said Tihar jail where Malik has been lodged currently has got a functional court facility.
The court sought a response from the accused and fixed the matter for consideration on December 18.
CBI Pushes for High-Security Courtroom in Tihar Jail for Kashmiri Separatist’s Case
The agency claimed substantial risks in transporting Malik to Jammu for trial proceedings, in view of his connections with international terror networks. It claimed Malik was “a national threat who headed a terror group and was instrumental in initiating terror activities".
The court had earlier on November 27 asked the CBI to explore option of setting up a court in jail to let Malik cross examine witnesses in the case against him in view of resistance by the agency to take him to Jammu and Kashmir.
The CBI had filed the plea against orders of a special court, Jammu, which issued a production warrant for the physical appearance of Kashmiri separatist leader Yasin Malik for cross-examination.
Malik’s physical appearance was sought for cross-examination of witnesses’ connection with the killing of four IAF personnel and the abduction of Rubaiya Sayeed, daughter of Mufti Muhammad Sayeed in 1989. Malik has been serving a life term sentence in Tihar Jail after being convicted in a terror funding case.
The agency claimed to have credible information about certain facts which made it impossible to take Malik to J&K.
"It clearly appears that Malik is fully aware that he would never be taken to J&K except under the pretext of attending the court proceedings personally. It is precisely for this reason that he is refusing to engage the services of any lawyer though he and his organisation have the services of many lawyers in many similar cases in J&K,” the plea said.
The plea also claimed advanced facilities were available within Tihar Jail, including infrastructure for video conferencing and courtrooms designed for high-security trials, which could effectively address concerns raised by the Jammu court about internet connectivity issues during virtual hearings.
“The present application is being filed to bring on record certain facts with respect to the stage of trial in the present cases, antecedents of Respondent no 1 [Malik] and the facilities in Central Jail, Tihar for conducting court proceedings in the jail premises and to seek appropriate directions from this court to the effect that the trial in said two cases be shifted in New Delhi, to be conducted in Central Jail, Tihar, where respondent no 1 is presently lodged,” the plea said.
