New Delhi, 21 November, 2024: The Supreme Court of India on Thursday suggested the possibility of holding a courtroom trial inside Tihar Jail for Jammu and Kashmir separatist leader Yasin Malik, currently serving a life sentence, in a kidnapping case. The trial relates to the 1989 abduction of Rubaiya Sayeed, the daughter of former Jammu and Kashmir Chief Minister Mufti Mohammad Sayeed.
The bench, consisting of Justices Abhay S Oka and Augustine George Masih, was hearing a plea from the Central Bureau of Investigation (CBI), challenging a trial court’s order that Malik be physically produced in Jammu to cross-examine prosecution witnesses. Malik, who is being held in Tihar Jail, has been implicated in the kidnapping of Rubaiya Sayeed, who was freed five days after her abduction following the release of five terrorists by the then central government.
The bench questioned the practicality of online cross-examinations, citing poor connectivity in Jammu. It also referenced the trial of Ajmal Kasab, the Pakistani terrorist involved in the 2008 Mumbai attacks, emphasizing that even he was afforded a fair trial. “In our country, a fair trial was given even to Ajmal Kasab and legal assistance was provided to him,” the bench remarked. It directed Solicitor General Tushar Mehta to gather further details on the number of witnesses in the case.
Security concerns were raised by Mehta, who argued that transporting Malik to Jammu would pose significant risks. He also accused Malik of “playing tricks” by requesting personal appearance and refusing legal representation. Mehta pointed to an image of Malik with terrorist Hafiz Saeed, arguing that Malik was a high-security threat. The court responded that it could hold the trial within Tihar Jail, with the judge traveling to the national capital for the proceedings.
The bench also noted that all accused individuals in the case must be consulted before a decision is made. Mehta highlighted previous security issues when Malik was brought to the Supreme Court in 2023 without the court’s permission, prompting a formal inquiry into the lapse. The CBI, which had taken over the case in the early 1990s, has labeled Malik a national security threat and argued that he should remain in prison for the duration of the trial.
In April 2023, the Supreme Court had already issued notices on the CBI’s appeal, following Malik’s request to appear in person. However, the Tihar jail authorities misinterpreted the court’s direction and brought Malik to court without prior authorization.
The kidnapping case dates back to December 1989, when Rubaiya Sayeed was abducted by militants and released after a government deal involving the exchange of five terrorists. Malik, leader of the Jammu and Kashmir Liberation Front (JKLF), faces charges linked to this incident, with the CBI having filed charges against him for his involvement.
