Even Kasab got fair trial: SC in Yasin case

Noting that even 26/11 Mumbai terror attack case accused Ajmal Kasab was given a 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 four IAF personnel in 1989.

“In our country, a fair trial was given even to Ajmal Kasab... A courtroom can be set up in jail, just find out how many witnesses are there. Even they 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 special court in Jammu has sought Malik’s appearance for the cross-examination of witnesses in two cases — the killing of four IAF personnel and abduction of Rubaiya Sayeed, daughter of late Mufti Muhammad Sayeed in 1989. The CBI has challenged the Jammu court’s order for the physical production of Malik to face trial in the cases citing security concerns. Currently lodged in Tihar Jail, Malik insisted on being physically present in Jammu to cross-examine witnesses. The top court had issued a 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 J&K. The government cannot go by the book in such cases.” The Bench asked, “How can cross-examination be conducted through video conferencing?” Mehta said in Gujarat, a trial was held in jail. The SC asked the CBI to add all accused as respondents to its appeal against the Jammu court’s order and posted the matter for hearing on November 28.