21 July 2023 9:25 AM GMT
On Friday, Supreme Court Judges were taken aback that Kashmiri separatist leader Yasin Malik, who is undergoing life sentence in Tihar jail after being convicted in a terror funding case, was present in the Apex Court to appear before it in person.The matter in which Malik was appearing is an appeal filed by the Central Bureau of Investigation assailing orders of Special Court in Jammu...
On Friday, Supreme Court Judges were taken aback that Kashmiri separatist leader Yasin Malik, who is undergoing life sentence in Tihar jail after being convicted in a terror funding case, was present in the Apex Court to appear before it in person.
The matter in which Malik was appearing is an appeal filed by the Central Bureau of Investigation assailing orders of Special Court in Jammu whereby fresh production warrant was issued for Malik's physical appearance. His 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.
The Apex Court had issued notice in the matter in April, 2023 and stayed the operation of impugned orders of the 3rd Additional Sessions Judge, Jammu (TADA/POTA).
On Friday, the matter came up before a Division Bench comprising Justice Surya Kant and Justice Dipankar Datta. Though the Bench did not proceed with the matter as Justice Datta recused from hearing the same, the Judges were shocked that Malik was appear in person even when no order seeking his physical appearance was passed by it.
It appears that Malik had expressed his desire to the jail authorities to appear in person before the Apex Court and was accordingly brought out of jail. Visuals of Yasin Malik brought to the Court premises by jail authorities along with armed security personnel have emerged.
During the course of the hearing, the Solicitor General of India, Tushar Mehta assured the Bench that the administrative measures will be taken to ensure that he is not brought out of jail like this in future. Concerned, he added, “It is a heavy security issue”.
Additional Solicitor General, SV Raju appearing for the CBI said that Malik was brought out of jail callously by the jail authorities upon misinterpretation of the Apex Court’s order. He sought directions from the Bench to ensure that the act is not repeated in future. Justice Kant said that it might be difficult to pass any such order as Justice Datta was recused and asked the ASG to seek such relief before the Bench where the matter would be listed next.
Justice Kant suggested if at all required, Malik can address the Court through virtual mode. In this regard, the Solicitor General submitted, “We are ready, but he refuses for cross-examination and other stages of trial through virtual. Otherwise that is the simplest means.”
Finally, the Bench recorded in the order, “List after 4 weeks before a Bench in which my brother (J. Dipankar Datta) is not a member”.
[Case Title: CBI v. Mohd Yasin Malik SLP(Crl) No. 5526-5527/2023]
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