The Supreme Court of India on Wednesday directed the co-accused in two cases against Yasin Malik to file their replies to the Central Bureau of Investigation’s (CBI) plea seeking a transfer of the trial.
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Key Developments
A bench comprising Justices Abhay S Oka and Augustine George Masih granted a two-week period for the co-accused to respond to the CBI’s application. The next hearing has been scheduled for January 20, 2025.
During the proceedings, the court was informed that one of the accused in the case is deceased. The bench emphasized that all the remaining accused must be heard before deciding on transferring the trial.
Background of the Case
The cases against Malik pertain to two high-profile incidents:
- The killing of four Indian Air Force (IAF) personnel in 1990.
- The abduction of Rubaiya Sayeed, daughter of Mufti Muhammad Sayeed, in 1989.
The Central Bureau of Investigation (CBI) filed an appeal against the Jammu Court’s order dated September 20-21, which directed Malik’s physical appearance for cross-examination of witnesses.
The Supreme Court, in an earlier hearing, stayed the Jammu Court’s order and suggested considering a makeshift courtroom within Tihar Jail to ensure Malik’s security.
CBI’s Concerns
The Solicitor General, Tushar Mehta, had highlighted significant security risks involved in transporting Malik from Delhi’s Tihar Jail to Jammu and Kashmir. Mehta pointed out that Tihar Jail is equipped with a fully functional courtroom and video conferencing facilities, which have been used for hearings in the past.
A letter from the Solicitor General to the Home Secretary had raised concerns about the possibility of Malik escaping, being forcibly taken away, or being killed if he were physically transported for the trial. The letter also cited an order under Section 268 of the Criminal Procedure Code, restricting Malik’s movement outside jail premises due to security reasons.
Fair Trial and Security Balance
The Supreme Court drew parallels to Ajmal Kasab’s case, underscoring the importance of a fair trial even for those convicted of serious crimes. It suggested that the trial could proceed through secure and alternative arrangements without compromising on fairness or security.
Conclusion
The Supreme Court’s decision to hear all co-accused ensures that the transfer of the trial will be deliberated comprehensively. The next hearing will likely determine whether the trial will be shifted or conducted within the existing secure framework of Tihar Jail.
This case continues to draw national attention due to its historical and legal significance, as well as the security concerns surrounding Malik, a convicted terror figure.