The Supreme Court, while hearing an appeal by the CBI against a Jammu court’s order requiring Kashmiri separatist leader Yasin Malik to appear in person, noted that even Ajmal Kasab, the 26/11 Mumbai attack terrorist, was given a fair trial. Yasin Malik is the primary accused in the 1990 killing of four Indian Air Force personnel near Srinagar and the 1989 abduction of Rubaiya Sayeed, daughter of then Union Home Minister Mufti Mohammed Sayeed.
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CBI : Safety and Connectivity Concerns Dominate Yasin Malik Trial Debate
Mehta responded that he would seek instructions on the matter, highlighting that transporting Malik to Jammu for trial was not feasible due to concerns over witness safety. The Solicitor General informed the bench that Malik had insisted on appearing in person and had refused to appoint a lawyer. Mehta also presented a photograph of Malik sharing a stage with Lashkar-e-Taiba founder Hafiz Saeed, arguing that Malik was no ordinary accused. The bench expressed concerns about conducting cross-examinations online. Jammu’s connectivity is barely reliable.
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Cites Legal Provisions Against Yasin Malik’s Court Appearance
Yasin Malik is serving a life sentence in Delhi’s Tihar Jail for a terror funding case. The court scheduled the next hearing for November 28 and allowed the them to amend its petition to include all accused as respondents. Central Bureau argued that under Section 268 of the Criminal Procedure Code, a state order can restrict a prisoner from being removed from prison to attend court. It claimed the Additional Sessions Judge committed a serious error in allowing Malik’s physical appearance despite this provision.
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