'Even Ajmal Kasab Was Given a Fair Trial': SC Remarks in Yasin Malik Case

New Delhi: Even Ajmal Kasab was given a fair trial in our country, Supreme Court on Thursday remarked and indicated it may set up a courtroom inside Tihar Jail for trial of J&K separatist leer Yasin Malik in a kidnapping case.

A bench of Justices Abhay S Oka and Augustine George Masih was hearing a CBI plea against September 20, 2022 order of a Jammu trial court that directed Malik, serving life term in Tihar jail, to be produced before it physically to cross-examine prosecution witnesses in kidnapping case of Rubaiya Sayeed, daughter of politician Mufti Mohamm Sayeed.

bench, however, remarked, "How will cross-examination be done online? re is hardly any connectivity in Jammu... In our country, a fair trial was given even to Ajmal Kasab and legal assistance was given to him in high court." bench told Solicitor General Tushar Mehta, representing CBI, to take instructions on total number of witnesses in case.

Mehta pointed out security concerns and said Malik couldn't be taken to Jammu for trial.

law officer accused Malik of "playing tricks" for having asked to appear personally and not engaging a lawyer. Mehta said Malik was not an ordinary criminal and showed a purported photograph of Malik sharing dais with terrorist Hafiz Saeed.

top court said it could order trial to take place inside jail besides asking judge to come to national capital for proceedings.

bench, however, noted all accused persons in matter h to be heard before it passes an order.

Mehta said Malik physically appearing in Supreme Court h raised security concerns previously.

bench said Malik could be allowed to appear virtually in apex court proceedings and posted matter on November 28.

CBI in meantime has been directed to amend its petition and imple all accused persons as respondents.

In 2023, Mehta wrote to n Union Home Secretary Ajay Kumar Bhalla flagging a "serious security lapse" after Malik was brought to Supreme Court to appear in a case.

Malik, serving life sentence in a terror-funding case, was brought to high-security apex court premises in a prison van escorted by armed security personnel without court's permission.

Voicing surprise at his presence, Mehta informed apex court re was a procedure for high-risk convicts to be allowed into courtroom to argue ir case personally.

CBI said Malik, top leer of Jammu and Kashmir Liberation Front, was a threat to national security and cannot be allowed to be taken outside Tihar jail premises.

apex court on April 24, 2023, issued notices on CBI's appeal following which incarcerated JKLF chief wrote a letter to registrar of Supreme Court on May 26, 2023 seeking permission to appear in person to ple his case.

An assistant registrar took up his request on July 18, 2023 and said apex court would pass necessary orders -- a decision Tihar jail authorities reportedly misconstrued to allow Malik to appear and argue his case.

Mehta referred to CBI's contention in its appeal against trial court order to bring Malik to Jammu for in-person examination of witnesses in kidnapping case, and said under Section 268 of CrPC a state government may direct certain people to not be shifted from confines of a prison.

On September 20, 2022, a special TA court in Jammu directed Malik to be physically produced before it on next hearing for him to cross-examine prosecution witnesses in kidnapping case.

CBI challenged trial court order before Supreme Court as appeals in TA cases are only heard by top court.

Rubaiya was abducted near Lal Ded Hospital in Srinagar on December 8, 1989 and freed five days later after n BJP-backed V P Singh government at Centre released five terrorists in exchange.

Mufti, who now lives in Tamil Nu, is a prosecution witness of CBI, which took over case in early 1990s.

Malik is lodged in Tihar jail after he was sentenced by a special NIA court in May, 2023 in a terror-funding case.