SC orders HC to ensure proper video conferencing facility for Yasin Malik

The Supreme Court on Monday directed the Jammu and Kashmir High Court Registrar General to ensure proper video conferencing facilities at a Jammu court for the trial of separatist leader Yasin Malik and others in the 1989 Rubaiya Sayeed kidnapping and murder of four Indian Air Force personnel in 1989.

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“We direct Registrar General of the High Court of Jammu and Kashmir to look into what is stated and take immediate steps for installing a proper system through which hearing can be conducted by using video medium or video conference. The system should be such that there can be effective cross examination by using the system,” a Bench led by Justice AS Oka said.

The Bench also directed the Delhi High Court Registrar General to ensure proper video conferencing facilities at Tihar Jail where Malik is currently lodged in a terror financing case. Seeking status reports from both the high courts by February 18, the Bench posted the matter for further hearing on February 21.

As other accused objected to the transfer of trial to Tihar, saying that it was difficult for them to travel to Delhi, Solicitor General Tushar Mehta said they were “acting in tandem” with Yasin Malik.

While Malik was insisting on going to Jammu and the other accused were refusing to come to Delhi, Mehta pointed out.

Contending that a functional court exists within Tihar Jail, equipped with video-conferencing facilities, the CBI said it was unnecessary to physically transport Malik to Jammu for the trial.

The CBI has moved the top court against a Jammu court’s order for the physical production of Malik to face trial in the case.

Currently lodged in Tihar Jail in Delhi, Yasin Malik insisted on being physically present in Jammu to cross-examine witnesses.

The Jammu Special Court had sought Yasin Malik’s appearance for cross-examination of witnesses in two cases, the killing of four IAF personnel, and the abduction of Rubaiya Sayeed, daughter of late Mufti Muhammad Sayeed — a former Chief Minister of erstwhile state of Jammu and Kashmir, in 1989.

The top court issued 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 Yasin Malik.

Describing him as “just not another terrorist”, Solicitor General Tushar 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.”

On December 18, the top court had asked six co-accused in the case to respond to the CBI’s plea. “All the accused have to be heard if the trial is to be transferred,” the Bench had said after it was told that one of the 10 accused has died while others have not filed their replies.