Even Ajmal Kasab was given fair trial, Supreme Court tells CBI in Yasin Malik case

Noting that even 26/11 Mumbai terror attack case accused Ajmal Kasab was given fair trial in India, the Supreme Court on Thursday suggested setting up a court in jail to cross-examine Kashmiri separatist Yasin Malik who is facing trial in a case related to the murder of 4 Indian Air Force (IAF) personnel in 1989.

"In our country, a fair trial was given even to Ajmal Kasab ... A courtroom can be set up in jail and it can be done there, just find out how many witnesses. Even witnesses will need security. We need to see how the judge will be posted in jail only for this court,” a Bench of Justice Abhay S Oka and Justice Augustine George Masih said.

A Jammu Special Court has sought Malik’s appearance for cross-examination of witnesses in two cases - the killing of four IAF personnel and abduction of Rubaiya Sayeed, daughter of late Mufti Muhammad Sayeed—a former Chief Minister of erstwhile state of Jammu and Kashmir—in 1989.

The CBI has challenged the Jammu court’s order for the physical production of Malik to face trial in the case. Citing security reasons as the agency did not want to take him to Jammu and Kashmir.

Currently lodged in Tihar Jail in Delhi, Malik insisted on being physically present in Jammu to cross-examine witnesses.

The top court had issued notice on the CBI’s petition in April 2023 and stayed the Jammu court’s order.

Describing him as “just not another terrorist”, Solicitor General Tushar Mehta on Thursday said, “We do not want to take him to Jammu and Kashmir because of the offence in which he has been convicted.”

“The Government cannot go by the book in such cases,” Mehta told the Bench, adding the accused frequently travelled to Pakistan and shared the dais with Hafeez Saeed – a declared terrorist.

As the Bench wondered “How can a cross-examination be conducted through VC (video conferencing)?” Mehta said that in Gujarat, a trial was held in jail.

The top court asked the CBI to add all the accused in the case as respondents to its appeal against the Jammu court’s order and posted the matter for hearing on November 28.

Malik was physically present in the Supreme Court during a hearing July 2023 after intimating jail authorities that he wanted to physically attend the hearing. Mehta had then written a strongly-worded letter to the Home Secretary highlighting that Malik’s presence in the Supreme Court was a grave security lapse.