Citing Ajmal Kasab, SC stresses fairness in trial apropos Yaseen Malik

The Supreme Court of India made a significant observation while hearing an appeal by the Central Bureau of Investigation (CBI) challenging a Jammu court's order for Kashmiri separatist leader Yasin Malik to appear in person. The case involves two major incidents: the 1990 killing of four Indian Air Force personnel near Srinagar and the 1989 kidnapping of Rubaiya Sayeed, the daughter of former Union Home Minister Mufti Mohammed Sayeed, with Malik as the main accused.

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During the hearing, the Supreme Court highlighted the principle of fairness in legal proceedings, citing the example of Ajmal Kasab, the terrorist involved in the 26/11 Mumbai attacks, who was also granted a fair trial. Solicitor General Tushar Mehta, representing the government, informed the Court that Malik’s safety was a major concern, particularly regarding the potential risks to witnesses if he were transported to Jammu for trial.

In response, the Court suggested exploring the possibility of conducting proceedings at Tihar Jail, where Malik is currently incarcerated. Mehta indicated that he would seek instructions on the matter but stressed that Malik had refused legal representation and insisted on appearing in person. The Solicitor General also presented a photograph showing Malik with Hafiz Saeed, the founder of Lashkar-e-Taiba, emphasizing the gravity of the case and the exceptional nature of the accused.