The Supreme Court on Wednesday directed the co-accused in two cases involving Yasin Malik to respond to the Central Bureau of Investigation’s plea seeking the transfer of trial.
A bench comprising Justices Abhay S. Oka and Augustine George Masih granted the co-accused two weeks to file their replies, setting January 20, 2025, as the next date for the hearing.
During the proceedings, the apex court was informed that one of the accused had passed away. It reiterated that all accused must be heard before any decision is made regarding the transfer of the trial.
Trial Transfer and Security Concerns
The CBI has sought to transfer the trial from Jammu to a makeshift courtroom within the jail premises, citing serious security concerns. Solicitor General (SG) Tushar Mehta informed the court that a fully functional courtroom with video conferencing facilities already exists inside Tihar Jail, where Yasin Malik is currently held.
The request stems from fears surrounding Malik’s physical transportation to Jammu. SG Mehta previously emphasized that such movement could pose risks, including potential escape, abduction, or harm to the convict. These concerns were highlighted in a letter from SG Mehta to the Home Secretary, referencing a Ministry of Home Affairs order under Section 268 of the Criminal Procedure Code, which restricts Malik’s movement outside the jail for security reasons.
Background of the Cases
Yasin Malik, a terror convict, is facing trial in two high-profile cases:
1. The killing of four IAF personnel in 1990
2. The abduction of Rubaiya Sayeed in 1989, the daughter of former Jammu and Kashmir Chief Minister Mufti Muhammad Sayeed.
In September 2023, a Jammu court issued production warrants for Malik’s physical presence during witness cross-examinations. However, the Supreme Court stayed this order in its last hearing, agreeing to examine the feasibility of conducting the trial within Tihar Jail.
SC’s Emphasis on Fair Trial
The Supreme Court observed that Yasin Malik, like Ajmal Kasab, deserves a fair trial, as mandated by law. While considering the CBI’s plea, the bench also suggested exploring alternative arrangements, such as setting up a temporary courtroom within the jail premises, to ensure security and efficiency in trial proceedings.
Next Steps
The co-accused in the case have been granted two weeks to respond to the CBI’s application. The apex court will decide the matter after hearing all parties during its January 2025 session.
This development underscores the judiciary’s focus on balancing national security with the principles of justice and fair trial, even in cases involving serious crimes.
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