Supreme Court Asks J&K&L HC To Install Proper VC Facilities In Jammu Court Holding Trial Against Yasin Malik

The Supreme Court on Monday (January 20) asked the High Court of Jammu & Kashmir & Ladakh to take immediate steps to install proper video-conferencing facilities in the Court in Jammu, which is holding the trial against Kashmiri separatist Yasin Malik and other accused in the case related to the assassination of four Indian Air Force officials in 1989. A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan passed the order after considering a report from the trial judge where he stated that the video conferencing facilities in that Court were not functioning properly.The bench observed that the facilities in the Court should ensure that the accused persons can conduct effective cross-examination virtually."We direct the Registrar General of the High Court of Jammu and Kashmir and Ladakh to look into what is stated by the learned judge and take immediate steps for installing a proper system through which hearing can be conducted by using video medium or video conference. The system should be such that there can be effective cross-examination by using the system," the bench observed.The bench sought a report from the Registrar General of J&K&L High Court on the newly installed system by February 17, after getting it examined.The bench also directed the Registrar of Delhi High Court who is in charge of Information Technology to examine the video-conferencing facilities in Tihar Jail, where Yasin Malik is undergoing life imprisonment in a terror-links case.The bench was hearing a petition filed by the Central Bureau of Investigation's challenging the Jammu Court's order to produce Yasin Malik before it for trial. The CBI stated that there were security concerns regarding the physical production of Yasin Malik (who refused to engage a lawyer) and suggested that the trial be shifted to a courtroom set up in the Tihar prison itself.The other accused in the case objected to the transfer of trial to Tihar, saying that it was difficult for them to travel to Delhi.Solicitor General of India Tushar Mehta submitted that the accused persons were "acting in tandem" with Yasin Malik insisting on going to Jammu and the other accused refusing to come to Delhi.The CBI has argued that a functional court exists within Tihar Jail, equipped with video-conferencing facilities, making it unnecessary for Malik to be physically transported to Jammu for trial proceedings.BackgroundThe CBI has challenged the Jammu trial court's order requiring Malik's physical production for trial. The agency has cited security concerns, including the assassination of a witness, as reasons for opposing Malik's transportation to Jammu. Solicitor General Tushar Mehta, appearing for the CBI, has described Malik as a high-risk individual, referencing his alleged ties with Hafiz Saeed, founder of the terrorist organization Lashkar-e-Taiba, and his multiple visits to Pakistan. During an earlier hearing, the Court raised concerns about the feasibility of conducting cross-examinations online due to connectivity issues in Jammu. He suggested exploring the possibility of conducting the trial within the premises of Tihar Jail as an alternative. Thereafter, the Solicitor General informed the Court that the CBI had filed an application to amend its petition and add the co-accused as parties in the appeal. Notice was issued to the additional respondents and on the CBI's transfer application. The Solicitor General also raised concerns about Malik's refusal to engage a lawyer and his insistence on personal appearances, describing it as an attempt to "play tricks."The Solicitor General pointed out that Malik had not engaged legal counsel even for the current petition. He highlighted a prior incident where Malik appeared physically in the Supreme Court, raising security concerns. Justice Oka suggested that virtual appearances could be allowed in Supreme Court proceedings instead.In July 2023, the Supreme Court judges were shocked to see Tihar jail authorities producing Malik physically before the bench for the hearing in the matter. The CBI's counsel then informed the Court that Malik was brought by the jail authorities upon misinterpretation of the Apex Court's order. Stating that it was a security issue, SG Mehta had then assured that administrative measures would be taken to ensure that the instance was not repeated. Justice Dipankar Datta recused from hearing the matter.In April 2023, the Supreme Court had stayed the operation of impugned orders of the 3rd Additional Sessions Judge, Jammu (TADA/POTA) whereby Malik's physical appearance was sought for cross-examination of witnesses in relation to the killing of four IAF personnel; abduction of Rubaiya Sayeed, daughter of Mufti Muhammad Sayeed in 1989.In May 2022, a NIA Court sentenced Malik to life imprisonment for charges of conspiracy, waging war against the state, terror funding etc. after he pleaded guilty. The NIA has appealed to the Delhi High Court seeking death sentence for him.Senior Advocate M. ...

Supreme Court Asks J&K&L HC To Install Proper VC Facilities In Jammu Court Holding Trial Against Yasin Malik

Amisha Shrivastava

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