SC issues notice to Yasin Malik and Ors on CBI’s plea to transfer trial to Delhi

New Delhi, Nov 28, 2024: The Supreme Court on Thursday issued a notice to Jammu and Kashmir separatist leader Yasin Malik and others involved in two cases, after the Central Bureau of Investigation (CBI) filed a plea to transfer the trial from Jammu to New Delhi. The apex court has directed Malik and the other accused to file their response by December 18, 2024.

The bench, consisting of Justices Abhay S. Oka and Augustine George Masih, was hearing the CBI’s plea against a September 2022 order from a trial court in Jammu. The lower court had directed Malik, who is currently serving a life sentence at Tihar Jail, to appear physically in court for cross-examining prosecution witnesses in the kidnapping case of Rubaiya Sayeed, the daughter of former J&K Chief Minister Mufti Mohammad Sayeed.

During the proceedings, Solicitor General Tushar Mehta argued that Malik should not be physically transported to the Jammu court as Tihar Jail already has a court equipped with video-conferencing facilities. Mehta stated that past proceedings had been conducted using this facility and no physical transport would be necessary.

The case involves the 1989 abduction of Rubaiya Sayeed, who was released five days later following the release of five terrorists in exchange. Malik, leader of the Jammu Kashmir Liberation Front (JKLF), has been implicated in the case and is serving a life sentence for his involvement in terror funding.

The Supreme Court had previously raised concerns over Malik’s physical appearance in the courtroom, citing security risks. In 2023, Mehta raised alarm over a security lapse when Malik was brought to the apex court under heavy security without the court’s prior approval. The CBI argued that Malik, a designated terrorist, posed a significant threat to national security, and as such, should not be moved from the high-security confines of Tihar Jail.

The court has adjourned the matter until December 18, 2024, to hear further arguments.