SC rules against physical production of Yasin Malik before Jammu Court

The Supreme Court on Friday ruled against physical production of separatist leader and terror convict Yasin Malik before a Jammu court to attend the trial against him.

Malik, who is currently lodged in Tihar jail, is facing charges related to assassination of four Indian Air Force officials and the kidnapping of Rubaiya Sayeed in 1989. The top court directed Malik to cross-examine witnesses in the case through video conferencing facilities from Tihar jail. Malik has refused to engage a lawyer to represent him.

A bench comprising justices AS Oka and Ujjal Bhuyan noted that the Centre had passed an order in December last year, restricting the movement of Malik from the National Capital Territory of Delhi for one year.

In view of this order, the bench ruled that Malik's physical production before the Jammu court was not appropriate. The court further noted from the reports of the Registrar General of the Jammu & Kashmir & Ladakh High Court as well as the Delhi Jail Superintendent that the trial court and Tihar Jail have video conferencing facilities

The bench also noted that the examination of witnesses via video conferencing is legally permitted. Thus, the bench set aside the trial court's order for the physical production of Malik. The bench also clarified that it has not observed anything on the merits of the matter.

Solicitor general Tushar Mehta, appearing on behalf of CBI, argued that there were security concerns regarding the physical production of Malik.

Appearing virtually before the bench from Tihar Jail, Malik argued he was not a "terrorist" and was only a "political leader". Justice Oka verbally observed the bench was not deciding the merits of the case. Malik said he was replying to CBI's argument that he could not be physically produced before the Jammu court as he was a "dreaded terrorist".