New Delhi, November 21: The Supreme Court proposed establishing a makeshift courtroom within a jail to proceed with the trial of terror convict Yasin Malik, citing security concerns surrounding his physical presence.
Malik faces charges in cases related to the 1989 abduction of Rubaiya Sayeed, daughter of former Union Home Minister Mufti Muhammad Sayeed, and the killing of four IAF personnel.
A bench of Justices Abhay S. Oka and Augustine George Masih suggested the jail-based courtroom to facilitate the cross-examination of witnesses, ensuring a fair trial. Drawing parallels, the court remarked that even Ajmal Kasab, the 26/11 Mumbai attack convict, was granted a fair trial.
During the hearing, Solicitor General Tushar Mehta argued against Malik’s physical transfer from Delhi’s Tihar Jail to Jammu and Kashmir, citing severe security threats. Mehta emphasized Malik’s connections with Hafiz Saeed, presenting evidence, and labeled him as a "significant threat."
The apex court sought details on the number of witnesses involved and the extent of security arrangements required. It also allowed the Central Bureau of Investigation (CBI) to include all accused parties as respondents in its petition challenging the Jammu court's earlier directive to produce Malik physically.
The Jammu court had issued a production warrant for Malik in connection with the trials. However, the Supreme Court had stayed this order during a prior hearing. Concerns over Malik’s presence in court were highlighted in a letter by Mehta to the Home Secretary, stressing risks of escape, abduction, or harm, referencing Section 268 of the Criminal Procedure Code, which restricts prisoners’ movement for security reasons.
The case will be heard further next week.
