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Even 26/11 terrorist Ajmal Kasab got a fair trial in this country, the Supreme Court said today as it heard the CBI's challenge to a Jammu court order asking separatist leader Yasin Malik to appear in person. The matter relates to the killing of four Indian Air Force personnel on the outskirts of Srinagar in 1990 and the 1989 kidnapping of Rubaiya Sayeed, then Home Minister Mufti Mohammed Sayeed's daughter. Yasin Malik is the main accused in both cases.
Malik is serving a life-term in Delhi's Tihar jail in a terror funding case. In 2022, a court hearing Terrorist and Disruptive Activities (Prevention) Act cases asked Malik to appear in person. Malik has also said he wants to appear in person. The CBI has challenged the Jammu court order, saying that Malik's physical appearance may disrupt the atmosphere in Jammu and Kashmir and witnesses against him may be endangered.
Appearing for the central agency, Solicitor General Tushar Mehta told the bench of Justice AS Oka and Justice AG Masih, "We do not want to take him to Jammu and Kashmir." Justice AS Oka asked, "But how can cross examination be done in VC (video conference)". The bench noted the poor Internet connectivity in Jammu.
Mr Mehta said if Malik is adamant to appear personally, the trial can be shifted to Delhi. He also said the separatist leader is "playing tricks" by insisting that he would appear in person.
The Solicitor General said Malik is "not just another terrorist". To this, Justice Oka said, "Take instructions how many witnesses are there in trial... in our country, a fair trial was given even to Ajmal Kasab". Mr Mehta said the government "cannot go by the books in such cases". "He (Malik) frequently travelled to Pakistan and shared dais with Hafeez Saeed," he said.
The bench agreed that a court can be set up in jail for the hearing. It then asked the Centre to find out how many witnesses will appear and their security arrangements. "We need to see how the judge will be posted in jail only for this court," it said. The matter will be heard again next Thursday.