NEW DELHI: The Supreme Court directed Yasin Malik on Thursday to respond by December 14 to the Central Bureau of Investigation’s (CBI) plea for transferring two cases against him from Jammu to New Delhi. The cases involve the killing of four IAF personnel and the 1989 abduction of Rubaiya Sayeed, daughter of former Jammu & Kashmir Chief Minister Mufti Mohammad Sayeed.
A Bench consisting of Justices Abhay S. Oka and Augustine George Masih issued the directive during a hearing of the CBI’s challenge to a Jammu trial court order, which mandated Malik’s physical presence for witness cross-examination. The CBI has raised security concerns regarding the transfer of Malik from Tihar Jail in Delhi to Jammu for trial proceedings.
Solicitor General Tushar Mehta informed the court that Tihar Jail has a fully functional courtroom with video conferencing (VC) facilities, enabling proceedings without Malik’s physical movement. He added that the CBI had applied to move the cases to Delhi, citing security risks linked to Malik’s transportation.
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In April 2023, the Supreme Court upheld the Jammu trial court’s order and suggested exploring options such as conducting the trials within Tihar Jail itself.
Malik’s physical presence in court has been a contentious matter. In July 2023, he attended a Supreme Court hearing, asserting his right to be present, which Solicitor General Mehta later criticized as a security lapse. More recently, Malik approached the Delhi High Court, alleging the misuse of Section 268 of the Code of Criminal Procedure to prevent his physical production in courts. He requested the court to lift this restriction and ensure his attendance for legal proceedings when needed.
The matter is now set for further hearing on December 14.