"Even Ajmal Kasab Also Received a Fair Trial": Supreme Court in Yasin Malik Case
New Delhi (The Uttam Hindu): In a recent hearing, the Supreme Court of India remarked that even 26/11 terrorist Ajmal Kasab was granted a fair trial, as it considered the CBI's challenge to a Jammu court's order requiring separatist leader Yasin Malik to appear in person. The case pertains to the killing of four Indian Air Force personnel near Srinagar in 1990, and the 1989 kidnapping of Rubaiya Sayeed, the daughter of then Home Minister Mufti Mohammed Sayeed. Malik is the primary accused in both incidents. Currently serving a life sentence in Tihar Jail for terror funding, Malik had been instructed to attend court in person by a court hearing cases under the Terrorist and Disruptive Activities (Prevention) Act in 2022. Malik has expressed his willingness to appear, but the CBI is challenging the order, citing concerns that his physical presence could disturb the situation in Jammu and Kashmir and endanger key witnesses.
Solicitor General Tushar Mehta, representing the CBI, told the bench of Justices AS Oka and AG Masih that Malik should not be brought to Jammu and Kashmir. Justice Oka questioned how cross-examinations could be conducted via video conferencing due to the region’s poor internet connectivity. Mehta suggested that if Malik insisted on appearing, the trial could be moved to Delhi. He also accused Malik of "playing tricks" by insisting on his personal appearance.
The Solicitor General further emphasized that Malik was "not just another terrorist," and Justice Oka reminded the bench that a fair trial had been granted to Ajmal Kasab in the past. Mehta countered that the government could not follow usual procedures in such sensitive cases, pointing out that Malik had frequently traveled to Pakistan and shared platforms with terror mastermind Hafeez Saeed. The bench considered setting up a court within the jail for the trial and requested the Centre to assess the number of witnesses and their security arrangements. The matter is scheduled for a further hearing next Thursday.
