'Can't Go By The Book For Yasin Malik,' Says CBI As Supreme Court Cites Ajmal Kasab's Case
The top court while emphasising the need for a fair trial said that even Ajmal Kasab the 26/11 terror attack convict got a fair trial in India.
The Central Bureau of Investigation (CBI) on Thursday told the Supreme Court that it cannot go by the book when it comes to someone like Yasin Malik who has had a history of frequent visits to Pakistan and even sharing dias with Lashkar-e-Taiba founder Hafiz Saeed.
The top court was hearing the CBI's plea against a special Jammu court order calling for Yasin Malik's physical presence for trial proceedings against him.
A bench of Justice Abhay S Oka and Justice Augustine George Masih heard the plea.
The bench today asked Solicitor General Tushar Mehta appearing for CBI that how can trial court cross-examine Malik virtually when there is hardly any connectivity in Jammu and Kashmir.
The top court while emphasising the need for a fair trial said that even Ajmal Kasab the 26/11 terror attack convict got a fair trial in India.
"In our country fair trial was given to Ajmal Kasab," Justice Abhay Oka remarked while hearing the case.
Even terrorist Ajmal Kasab was given a fair trial, orally observed the Supreme Court, while hearing an appeal filed by the CBI against an order for the physical production of Kashmiri separatist Yasin Malik to a Jammu court for the trial in the case related to the killing of 4 IAF personnel in 1989.
CBI has cited security concerns in opposing the trial court direction for the physical production of Malik in Jammu court.
SG Mehta said that Malik could not be taken to Jammu for the trial and raised concerns about safety of the witnesses in the case. He further told the court that Yasin Malik was playing tricks by insisting that he would appear personally without engaging a lawyer.
The top court ultimately asked if it was possible to explore in-prison trial for Malik as has been done for previous such cases involving terror accused persons.
In May 2022, a NIA Court had sentenced Malik to life imprisonment for charges of conspiracy, waging war against the state, terror funding etc. after he pleaded guilty. A seperate plea by the NIA is pending in front of the Delhi High Court seeking death sentence for Malik.
In 2023, the top court had stayed the orders of a Sessions Judge in Jammu who had sought Malik's physical appearance for cross-examination of witnesses in relation to the killing of four IAF personnel and abduction of Rubaiya Sayeed, daughter of Mufti Muhammad Sayeed.
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