'Even Kasab got fair trial...': SC in Yasin Malik case
What's the story
The Supreme Court on Thursday highlighted that even Ajmal Kasab, convicted for terrorism, was granted a fair trial.
The observation was made during a hearing on the Central Bureau of Investigation's appeal against an order requiring Kashmiri separatist and convicted terrorist Yasin Malik to be physically presented in a Jammu court.
The case pertains to the 1989 killing of four IAF personnel.
The CBI, citing security concerns, opposed producing Mallik physically in front of the court, according to Live Law.
Context
Why does this story matter?
A Jammu special court had directed Malik's physical presence for the cross-examination of witnesses in two cases: the 1989 abduction of Rubaiya Sayeed, daughter of former Chief Minister Mufti Muhammad Sayeed, and the killing of four IAF personnel.
The CBI challenged this order in the Supreme Court, which stayed it and issued a notice in April 2022.
Notably, Malik physically attended a Supreme Court hearing in July 2023 after informing jail authorities, but Justice Dipankar Datta later recused himself.
Opposition stance
CBI contests Malik's in-person trial appearance
Solicitor General Tushar Mehta informed a bench of Justices Abhay S Oka and Augustine George Masih that transporting Kashmiri separatist Malik from Delhi's Tihar Jail to Jammu for trial posed significant risks.
He emphasized concerns about ensuring the safety of witnesses.
In response, the Supreme Court proposed setting up a temporary courtroom within the jail premises to facilitate Malik's physical cross-examination, as reported by Bar and Bench.
Fair trial
Supreme Court emphasizes fair trial precedent
Justice S Oka remarked, "In our country, fair trial was given even to Ajmal Kasab. A courtroom can be set up in jail, and it can be done there. Just find out how many witnesses. Even witnesses will need security. We need to see how the judge will be posted in jail only for this court."
Solicitor General Mehta emphasized that the CBI remains opposed to transferring the terror convict to Jammu and Kashmir for trial.
Statement
'Not just another terrorist...': Mehta
Justice S Oka questioned, "But how can cross-examination be done in VC?"
Solicitor General Mehta responded, "If he [Malik] is adamant to appear personally, then the trial can be shifted here (to Delhi). He is not just another terrorist. Government cannot go by the books in such cases; he frequently travelled to Pakistan and shared the dais with Hafeez Saeed... In Gujarat, there was even trial in jail."