'Serious Security Lapse': SG Tushar Mehta Flags Concern After Jailed JKLF Chief Yasin Malik Brought To Supreme Court

Voicing concern over his physical presence, Mehta told a bench of Justices Surya Kant and Dipankar Datta there is a procedure for high-risk convicts to be allowed in courtroom to argue their case.

New Delhi: The Supreme Court was taken aback after jailed Jammu Kashmir Liberation Front (JKLF) chief Yasin Malik, currently serving life term in Tihar jail, was brought to the courtroom on Friday without any such order, news agency PTI reported. Malik, who is in jail after conviction and life sentence in a terror funding case, was brought to the apex court premises in a prison van escorted by armed security personnel without the court's permission.

The top court was hearing the Central Bureau of Investigation (CBI)'s appeal against the Jammu Special Court's order, which had warranted the physical appearance of Malik for cross-examination of the witnesses. The case was related to the kidnapping of Rubaiya Sayeed, daughter of then Union Home Minister Mufti Mohammad Sayeed in 1989.

In the wake of the incident, Solicitor General of India Tushar Mehta wrote to Union Home Secretary Ajay Kumar Bhalla flagging “serious security lapse”.

"It is my firm view that this is serious security lapse. A person with terrorist and secessionist background like Yasin Malik who is not only a convict in terror funding case but has known connections with terror organisations in Pakistan could have escaped, could have been forcibly taken away or could have been killed," Mehta wrote.

"It is a heavy security issue. He (Malik) has been brought to court because of callous approach of jail authorities and necessary steps will be taken to ensure this does not happen in future. He is a national threat. He is a huge security threat to others," Mehta added.

Voicing concern over his physical presence, Mehta told a bench of Justices Surya Kant and Dipankar Datta that there is a procedure for high-risk convicts to be allowed into the courtroom to argue their case.

According to the PTI report, the Supreme Court on April 24 had issued notices on CBI's appeal after which Malik wrote to the registrar of the top court seeking permission to appear in person to plead his case.

An assistant registrar took up his request and said the apex court would pass necessary orders. However, the Tihar jail authorities apparently misinterpreted the decision and brought Malik to the apex court.