NEW DELHI: The Supreme Court on Thursday proposed setting up a temporary courtroom inside a jail to facilitate the cross-examination of terror convict Yasin Malik in two high-profile cases involving kidnapping and murder. These cases, pending before a Jammu trial court, have raised security concerns about Malik’s transfer from Delhi’s Tihar Jail to Jammu.
A bench comprising Justices Abhay S. Oka and Augustine George Masih suggested the measure during a hearing on the Central Bureau of Investigation’s (CBI) appeal against the Jammu court’s directive for Malik’s physical appearance. The CBI has expressed strong reservations about transferring Malik, citing significant security risks.
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Justice Oka emphasized the need for a fair trial, referencing past instances of similar arrangements. “In our country, even Ajmal Kasab was given a fair trial. A courtroom can be set up in jail. Witnesses will also require security. We need to consider how the judge can be posted in jail for this purpose,” he remarked.
Solicitor General Tushar Mehta, representing the CBI, supported the idea of conducting the trial outside Jammu but highlighted the unique challenges posed by Malik’s profile. “He is not just another terrorist. He has shared platforms with Hafeez Saeed and frequently traveled to Pakistan. The government cannot follow standard protocols in such cases,” Mehta argued. He also suggested shifting the trial to Delhi if necessary.
The apex court allowed the CBI to include all accused as respondents in its appeal and scheduled the next hearing for November 28.
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The Jammu special court had ordered Malik’s appearance for the cross-examination of witnesses in two cases: the 1989 abduction of Rubaiya Sayeed, daughter of former Jammu and Kashmir Chief Minister Mufti Muhammad Sayeed, and the killing of four IAF personnel. The Supreme Court stayed the Jammu court’s order in April 2023 following the CBI’s challenge.
In July 2023, Malik was allowed to physically attend a Supreme Court hearing, sparking criticism over the perceived security lapse. Solicitor General Mehta later addressed the issue in a letter to Home Secretary Ajay Bhalla, underscoring the risks involved in Malik’s movement outside jail premises.