New Delhi: The Supreme Court has permitted separatist leader Yasin Malik to appear virtually in a case concerning the 1990 killing of four Indian Air Force (IAF) personnel, overturning a lower court’s directive for his physical production.
The Central Bureau of Investigation (CBI) had challenged the Jammu court’s order requiring Malik to be physically present for witness examination. Malik, currently serving a sentence in Tihar Jail following his conviction in a terror funding case, had resisted appearing via video conferencing (VC).
A Bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan heard the matter, with Solicitor General (SG) Tushar Mehta representing the CBI. Mehta informed the Court that the third Additional Sessions Judge in Jammu has an operational VC setup, making a virtual hearing feasible.
The Court inquired whether Malik had legal representation, to which Mehta responded that Malik had refused legal aid and chosen to represent himself.
Justice Oka observed, “Now that this facility is in place, we can order cross-examination through VC.”
Directing Malik to be informed of the order, the Supreme Court instructed the Tihar Jail Superintendent to ensure his virtual appearance on March 7. It emphasized that Tihar Jail has comprehensive facilities for VC proceedings. Mehta assured the Court that all necessary arrangements had been made, stating, “We have a separate courtroom where judges and lawyers can sit.”
During an earlier hearing on January 20, the Supreme Court stressed the need for an effective VC system for cross-examination. It directed the Registrar General of the Jammu and Kashmir High Court to assess and upgrade the system.
“We have perused the judge’s observations. At two places, he recorded that the video conferencing system in his court is not functioning properly. We direct the Registrar General of the J&K High Court to take immediate steps to install a proper system for video hearings and cross-examination,” the Court had ordered.
The Registrar General was instructed to submit a report on the system’s improvements by February 17, with the matter scheduled for hearing on February 21.
On November 28, 2024, the Solicitor General informed the Court that a well-equipped VC-enabled courtroom already exists within Tihar Jail, where previous judicial proceedings have been conducted.
The CBI has filed two additional applications before the Court—one seeking the transfer of the trial to Tihar Jail in Delhi, and the other requesting an amendment to the memo of parties and the cause title.
The Supreme Court had issued notice to Malik in response to these pleas.
Malik is facing trial in two major cases.
The 1990 killing of four IAF personnel in a case, related to an attack in Rawalpora, Srinagar, is being heard by a Special Terrorist and Disruptive Activities (TADA) Court in Jammu.
In September 2021, the court issued a production warrant for Malik’s physical appearance, which the CBI challenged before the Supreme Court.
Malik is also an accused in the kidnapping of Rubaiya Sayeed, daughter of then Union Home Minister Mufti Mohammad Sayeed.
Previously, the Special TADA Court in Jammu had offered legal aid to Malik, but he refused and insisted on being physically present in court. In the last hearing on November 21, the Solicitor General argued that Malik had shared stage with Hafiz Saeed, highlighting national security concerns.
Mehta further contended that Malik’s insistence on cross-examining witnesses in person was a “card up his sleeve” and that the State was willing to provide an advocate for him, which he refused.
The case will now proceed with Malik’s cross-examination through video conferencing on March 7. UNI
