SC to hear CBI’s plea over Yasin Malik’s appearance

The Supreme Court on Monday will take up the CBI’s petition challenging a Jammu court’s order for the physical production of Kashmiri separatist leader and JKLF chief Yasin Malik to face trial in a case related to the murder of four Indian Air Force (IAF) personnel in 1989.

The matter is listed before a Bench led by Justice Abhay S Oka, which had on December 18 asked six co-accused 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.

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 abduction of Rubaiya Sayeed, daughter of late Mufti Mohammad Sayeed — former CM of J&K in 1989. The top court had issued notice on the CBI’s petition in April 2023 and stayed the Jammu court’s order.

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