SC refuses to shift Yasin Malik’s terror trial from Jammu to Delhi
The Supreme Court on Friday refused to shift the trial of Kashmiri separatist leader Yasin Malik from Jammu to Delhi in a case related to the murder of 4 Indian Air Force personnel in 1989 and instead directed him to cross examine the witnesses via video conferencing from Tihar Jail here.
A Bench led by Justice Abhay S Oka also turned down a request made by Malik who insisted on being physically present in Jammu to cross-examine witnesses.
Malik – who addressed the Bench via video conferencing from Tihar Jail – asserted that he was a politician and not a terrorist and that he had been treated like a political activist by the Central Government under several prime ministers who engaged with him in talks in the past.
Malik took strong exception to the submissions made by Solicitor General Tushar Mehta earlier on behalf of the CBI that there were photos of him alongside terrorist Hafiz Saeed and it was covered by all national and regional dailies and television channels.
“This statement (of Mehta) has created a public narrative against me. The Union Government has not listed my organisation as a terrorist organisation under the UAPA. It is pertinent to note that post a unilateral ceasefire in 1994, I was not only provided bail in 32 cases but none of the cases were pursued,” Malik said.
“During the dispensation during Prime Ministers PV Narasimha Rao, HD Deve Gowda, Inder Kumar Gujral, Atal Bihari Vajpayee, Dr Manmohan Singh and even the first five years under Prime Minister Narendra Modi. They all followed the letter of the ceasefire. Now suddenly the present dispensation in its second term has started trial of 35-year-old militant cases against me. This is against the very ceasefire agreement,” Malik submitted even as Mehta opposed Malik’s submissions.
The Bench, however, said it was only concerned with the limited point if he should be allowed to go to Jammu to cross examine witnesses in the case or he should be doing it via video conferencing from Tihar Jail.
Malik said he wanted to file an affidavit but the Bench didn’t allow it, saying he had already argued his case. Asked by the Bench if he wanted to engage a lawyer to represent him, Malik answered in the negative.
The order came on the CBI’s petition challenging a Jammu court’s order for the physical production of Malik to face trial in the case.
The Jammu Special Court has sought Malik’s appearance for cross-examination of witnesses in two cases—the killing of four IAF personnel and abduction of Rubaiya Sayeed, daughter of late Mufti Muhammad Sayeed — a former Chief Minister of erstwhile state of Jammu and Kashmir — in 1989.
The top court had issued notice on the CBI’s petition in April 2023 and stayed the Jammu court’s order.
Describing him as “just not another terrorist”, Solicitor General Tushar Mehta had last month said, “We do not want to take him to Jammu and Kashmir because of the offence in which he has been convicted…The Government cannot go by the book in such cases.”
Noting that even 26/11 Mumbai terror attack case accused Ajmal Kasab was given fair trial in India; the Bench had on November 21 last year suggested setting up a court in jail to cross-examine Malik.
J & K
