NEW DELHI: The Supreme Court recently addressed concerns related to the trial of Jammu and Kashmir separatist leader Yasin Malik in a kidnapping case, involving Rubaiya Sayeed, daughter of former Jammu and Kashmir CM Mufti Mohammad Sayeed. During the proceedings, the bench of Justices Abhay S. Oka and Augustine George Masih remarked that even 26/11 terrorist Ajmal Kasab had been afforded a fair trial in India, suggesting that Malik too must receive a fair trial.
The court considered the CBI’s plea against a Jammu trial court order requiring Malik, currently serving a life term in Tihar Jail, to appear physically for cross-examination of prosecution witnesses. The CBI had expressed security concerns over Malik’s appearance in Jammu, claiming that transporting him posed a threat. Solicitor General Tushar Mehta suggested that Malik was trying to “play tricks” by requesting to appear in person without engaging a lawyer, while also citing concerns regarding his past associations with terrorist Hafiz Saeed.
The bench proposed the possibility of conducting the trial inside Tihar Jail and having the judge come to the national capital for the proceedings. The court emphasized the need to hear all accused persons before making a final order. The case highlights broader concerns about national security and the security measures required for high-risk prisoners like Malik.
This legal issue arises from Malik’s involvement in the 1989 kidnapping of Rubaiya Sayeed, a case tied to political negotiations at the time. Despite being incarcerated in Tihar for terror-related offenses, Malik’s participation in court proceedings has raised security and procedural questions. The case continues to unfold, with the Supreme Court set to revisit it on November 28, 2023.
