The Supreme Court on Monday asked Jammu and Kashmir High Court Registrar General to ensure video conferencing facility at Jammu court for Yasin Malik and others in 1989 Rubaiya Sayeed kidnapping and 1989 IAF personnel murder cases.
"We direct the Registrar General of the High Court of Jammu and Kashmir to look into what is stated and take immediate steps for installing a proper system through which hearings can be conducted by using video medium or video conference. The system should be such that there can be effective cross-examination by using the system," a Bench led by Justice AS Oka said.
The Bench also asked the Delhi High Court Registrar General to ensure video conferencing facility at Tihar Jail where Malik is currently in Tihar Jail in the terror financing case. The Bench sought status reports from both the high courts by February 18 and posted the matter for further hearing on February 21.
Other accused objected to the transfer of the case to Tihar saying it was difficult for them to travel to Delhi, Solicitor General Tushar Mehta said they were "acting in tandem" with Yasin Malik.
While Malik was saying go to Jammu and other accused were saying no to Delhi, Mehta pointed out.
CBI said a court exists within Tihar Jail with video conferencing facility so it is not necessary to physically bring Malik to Jammu for the trial.
CBI has moved the top court against a Jammu court’s order for the physical production of Malik for trial. Malik is currently in Tihar Jail in Delhi and is insisting on being physically present in Jammu to cross-examine witnesses.
Malik has to appear for cross-examination of witnesses in two cases—the 1989 IAF personnel murder and the 1989 Rubaiya Sayeed kidnapping.
Top court had issued notice on CBI’s petition dated April 2023 and stayed the Jammu court’s order.
Even 26/11 Mumbai terror attack accused Ajmal Kasab was given a fair trial in India, the Bench had said on November 21 that a court should be set up in jail to cross-examine Malik.
He is “just not another terrorist,” Solicitor General Tushar Mehta had said last month, “We do not want to take him to Jammu and Kashmir because of the offence in which he has been convicted… The government cannot go by the book in such cases.”
On December 18 the top court had asked six other accused in the case to respond to the CBI’s plea. “All the accused have to be heard if the trial is to be transferred,” the Bench said when it was told that one of the 10 accused has died and others have not filed their replies.
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