The Supreme Court has proposed that Yasin Malik’s trial take place in a Delhi jail, noting that even Ajmal Kasab received a fair trial.
The Supreme Court today proposed moving Kashmiri separatist Yasin Malik’s trial, linked to the killing of Indian Air Force personnel, to a prison in Delhi due to security worries about transporting him to Jammu and Kashmir. Malik has expressed his desire to personally question the witnesses against him. Solicitor General Tushar Mehta informed the Court about the state’s security concerns regarding Malik’s transport to Jammu, suggesting that if Malik insists on his request, the trial should be held in Delhi. Justice Abhay S. Oka noted that shifting the trial could also pose challenges.
Justice Oka mentioned one possible solution: setting up a courtroom in the jail, where a judge could conduct the proceedings. When the Solicitor General asked for confirmation about this being in Delhi, Justice Oka affirmed it. Mehta agreed with the suggestion and mentioned he knew of a similar trial held in a Gujarat jail. The Bench also instructed the Solicitor General to determine the number of witnesses in the case, emphasizing that they would need security. Mehta assured that they would provide it. Justice Oka referenced the fair trial given to Ajmal Kasab, the only terrorist captured alive from the 2008 Mumbai attacks, who was convicted and executed.
In their order, the Bench, which included Justice Oka and Justice Augustine George Masih, allowed the petitioner to amend the petition to include any other accused parties, giving the CBI a week to submit the revised petition and scheduling the next hearing for Thursday, November 28.
The case against Malik involves the murder of four Indian Air Force officials during an attack in January 1990 in Srinagar Rawalpora. A special TADA Court in Jammu is currently handling the case. In September 2021, the Court ordered Malik to appear in person, a decision the CBI has challenged in the Supreme Court. Mehta mentioned that the Court believes video conferencing for cross-examination is not suitable, so Malik must be brought in physically.
During today’s hearing, the Bench inquired about Malik’s representation. Mehta noted that Malik wants to appear in person, referencing a 2023 hearing where he was present before Justices Surya Kant and Dipankar Datta. In that session on July 21, 2023, Justice Dipankar Datta stepped back from the case without explanation. Mehta pointed out that Malik has previously shared a platform with Hafiz Saeed to highlight security issues, arguing that “he is not just another terrorist.” The SGI remarked that Malik’s demand to cross-examine witnesses in person is a strategic move, and while the State is ready to provide a lawyer for him, he is refusing. The special court in Jammu had previously offered legal assistance to Malik, but he declined and insisted on attending the hearing himself.
Cause Title: Central Bureau of Investigation v. Mohd. Yasin Malik [SLP(Crl) 5526-5527/2023]
