SC defers hearing on CBI plea against shifting Yasin Malik to Jammu

The Supreme Court on Friday deferred to April 4 the hearing on the CBI’s plea challenging a Jammu court order asking Kashmiri separatist leader Yasin Malik to appear in person to face trial in a case related to the murder of four Indian Air Force personnel in 1989.

A Bench led by Justice Abhay S Oka deferred the hearing after the CBI sought adjournment on the ground that Solicitor General Tushar Mehta was unavailable.

“All the accused have to be heard if the trial is to be transferred,” the Bench had said on January 19.

The CBI has challenged a Jammu court’s order for the physical production of Malik to face trial in the case. Currently lodged in Tihar Jail in Delhi, Malik insisted on being physically present in Jammu to cross-examine witnesses.

The Jammu Special Court has sought Malik's appearance for cross-examination of witnesses in two cases--the killing of four IAF personnel and the 1989 abduction of Rubaiya Sayeed, daughter of former CM late Mufti Muhammad Sayeed.

The top court had issued a notice on the CBI’s petition in April 2023 and stayed the Jammu court’s order.

Noting that even 26/11 Mumbai terror attack case accused Ajmal Kasab was given fair trial in India, the Bench had on November 21 suggested setting up a court in jail to cross-examine Malik.

Describing him as “just not another terrorist”, Solicitor General Mehta had last month said, “We do not want to take him to Jammu and Kashmir because of the offence in which he has been convicted…. The government cannot go by the book in such cases.”