Yasin Malik case: Supreme Court notice on CBI plea to transfer trial to Delhi

The issue came up before the Supreme Court after the CBI’s plea against the Jammu court’s order calling for Yasin Malik’s physical presence in trial proceedings.

The Supreme Court on Thursday (November 28, 2024) decided to examine a plea made by the Central Bureau of Investigation (CBI) to transfer trial against Kashmiri separatist Yasin Malik and other co-accused in two cases, including the killing of four Air Force personnel in 1989, from Jammu and Kashmir to Delhi.

A Bench of Justices A.S. Oka and Augustine George Masih issued notice on the Central agency’s plea to transfer the cases and another appliaction seeking to implead the other accused as contesting respondents.

The court listed the next hearing on December 18.

The court in the previous hearing had suggested setting up a trial court within the Tihar Jail premises where Malik is lodged.

The issue came up after the CBI had raised a strong objection against a Jammu court order allowing his physical presence in a criminal trial connected to the IAF killings case.

Justice Oka had said fair trial was afforded to even 26/11 Mumbai attack terrorist Ajmal Kasab in response to Solicitor General Tushar Mehta’s submission that Malik was not “just another terrorist”.

The Solicitor General had submitted that Malik was playing tricks with the courts by insisting on cross-examining witnesses in the trial instead of keeping a lawyer. The law officer said Malik had been in contact with Pakistani militant and founder of terrorist organisation Lashkar-e-Taiba Hafiz Saeed.

Opposing the Jammu court order, the top law officer had cautioned that taking Malik to Jammu would be a security risk. Already, he said, a witness in the case has been killed.

Mr. Mehta had mentioned how Malik was once brought in person to the Supreme Court last year in July after the Tihar Jail had misinterpreted a judicial order. The visit had caused quite a furore and led to sharp remarks from the Bench.

The Supreme Court had last year stayed the operation Jammu Special Court order allowing Malik’s physical presence at the trial to cross examine witnesses in the case.

Published - November 28, 2024 12:33 pm IST