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Shifting Yasin Malik's terror trial from Jammu to Delhi: SC to take up CBI's plea on Jan 20

The CBI has challenged a Jammu court’s order for the physical production of Malik to face trial in the case
Yasin Malik being produced at Patiala House court in New Delhi. PTI file
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The Supreme Court will on Monday 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 4 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.

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“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 Muhammad Sayeed -- a former Chief Minister of erstwhile state of Jammu and Kashmir -- in 1989.

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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 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 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.”

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