New Delhi, April 4 – The Supreme Court on Friday refused to permit the physical production of jailed JKLF chief Yasin Malik before a Jammu court, citing security concerns. However, it granted him the right to cross-examine witnesses in two high-profile cases through video conferencing.
Virtual Appearance Approved in High-Profile Cases
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan referred to a December 2024 order issued under Section 303 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Unlawful Activities (Prevention) Act, which restricts Malik's movement outside the National Capital Territory of Delhi for a year. In light of this order, the court found his physical presence in Jammu court "inappropriate".Malik is facing trial in two major cases — the 1989 abduction of Rubaiya Sayeed, daughter of former Union minister Mufti Mohammed Sayeed, and the 1990 Srinagar shootout in which four Indian Air Force personnel were killed. Both cases are being prosecuted by the Central Bureau of Investigation (CBI).
CBI's Plea for Trial Transfer to Delhi
The top court was hearing the CBI’s plea challenging a September 20, 2022 order by a Jammu trial court that directed Malik, currently serving a life sentence, to be physically produced to cross-examine witnesses in the abduction case. The CBI argued that Malik, considered a security threat, should not be allowed to leave Tihar Jail, where he is currently lodged.Solicitor General Tushar Mehta reiterated these concerns in court, emphasizing that Malik poses a significant risk to national security.
Courts Equipped for Virtual Proceedings
The Supreme Court acknowledged reports submitted by the Delhi High Court’s IT registrar and the registrar general of the Jammu & Kashmir and Ladakh High Court, confirming that both Tihar Jail and the Jammu sessions court are fully equipped for video-conferencing.The bench also took note of Malik’s statement that he does not wish to engage a lawyer for cross-examination, choosing instead to conduct it himself.
Under Section 530 of the BNSS, the court noted that trials and related proceedings can be conducted through electronic communication, including video and audio-visual means, reinforcing the legitimacy of virtual proceedings.
Background of the Cases
Yasin Malik, leader of the banned Jammu and Kashmir Liberation Front (JKLF), is the main accused in the two cases. Rubaiya Sayeed was abducted on December 8, 1989, and released five days later after the government at the time released five terrorists in exchange. She now resides in Tamil Nadu and is listed as a prosecution witness.In the second case, four IAF personnel were shot dead in Srinagar on January 25, 1990. Malik was sentenced to life imprisonment in a separate terror-funding case by a special NIA court in May 2023 and has been incarcerated since then.
The Supreme Court had earlier directed that adequate virtual infrastructure be ensured at the Jammu court for smooth proceedings in both cases. On December 18, 2023, it had given six co-accused two weeks to respond to the CBI’s transfer request.
