The CBI moved the Supreme Court on Thursday against the Jammu special court’s order to produce terror convict Yasin Malik in two terror cases. The central agency sought to transfer the trial in the case from Jammu to Delhi citing security reasons.
Hearing the Central Bureau of Investigation’s plea, a bench comprising Justices Abhay S. Oka and Augustine George Masih issued notices to Malik and other accused in the case. The court will next hear the case on December 14.
A special TADA court in Jammu ordered the physical appearance of Yasin Malik in court for conducting cross-examination in two cases – the 1989 kidnapping of Rubaiya Sayeed, daughter of former Jammu and Kashmir CM Mehbooba Mufti and the killing of four Indian Air Force personnel on the outskirts of Srinagar in 1990. Malik is currently imprisoned in Tihar jail after he was convicted in a terror funding case.
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The CBI on Thursday informed the court that a fully functional courtroom, along with videoconferencing facilities, is available in Tihar jail and trials have been conducted in the premises earlier as well. The central agency informed taking Malik to Jammu for the trials posed severe security challenges. The CBI said the top leader of the Jammu and Kashmir Liberation Front cannot be allowed to be taken outside the Tihar jail.
Solicitor General Tushar Mehta said, "We have filed applications for amending the cause title. We have also placed on record the fact that there already exists a fully functional court in the jail itself with all the facilities of videoconferencing also, if needed. And in the past proceedings have taken place in that courtroom in jail," PTI reported.
Hearing the case on November 21, the bench observed even 26/11 Mumbai terror attack convict Ajmal Kasab got a fair trial in the country. The court had suggested a makeshift courtroom could be set up in Tihar prison for conducting trial.
