“Fair trial was given even to Ajmal Kasab…,” Supreme Court Suggests Setting up a Court in Jail to Physically Cross-examine Separatist Leader Yasin Malik

Today (November 21, 2024), the Supreme Court (SC) of India suggested setting up a court in Delhi’s Tihar jail to physically cross-examine terror convict Yasin Malik (separatist leader) in Kidnapping and murder cases pending trial before a Jammu court. The suggestion was made after noting the Jammu Court’s order calling Yasin Malik for his physical presence in the court. The CBI (Central Bureau of Investigation) objected to the order pointing out that there are security risks involved if Malik is taken to Jammu. While hearing the matter today, the bench suggested “In our country, 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.” The matter was heard by a two-judge bench of Justice Abhay S Oka and Justice Augustine George Masih. 

During the proceedings, Solicitor General (SG) Tushar Mehta, appearing for the CBI, said that the central agency does not wish to take Yasin Malik to Jammu and Kashmir. Justice Oka asked, “But how can cross-examination can be done in VC (Video Conference)?” SG Mehta replied, “If he (Malik) is adamant to appear personally, then the trial can be shifted here (to Delhi). He is not just another terrorist. Government cannot go by the books in such cases; he frequently travelled to Pakistan and shared the dais with Hafeez Saeed ... In Gujarat, there was even trial in jail.” Justice Oka said, “Take instructions how many witnesses are there in trial... in our country, a fair trial was given even to Ajmal Kasab.” The bench suggest setting up courtroom in jail to cross-examine Yasin Malik. The bench posted the matter for hearing on November 28, 2024 (Thursday).