Even Ajmal Kasab got fair trial in our country: SC tells CBI in Yasin Malik case

Even 26/11 Mumbai attack terrorist and Pakistani Ajmal Kasab got a fair trial in our country, the Supreme Court said on Thursday (November 21), while hearing a CBI plea challenging  a Jammu court asking Kashmiri separatist leader Yasin Malik to appear in person.

The Central Bureau of Investigation (CBI) challenged the Jammu court order, arguing that Malik cannot be taken to Jammu for trial since it can disturb the situation in Jammu and Kashmir and put witnesses at risk. Already, one of the witnesses had been killed, the CBI told the court. 

Malik is the main accused in the killing of four Indian Air Force personnel near Srinagar in 1990 and in the 1989 kidnapping of Rubaiya Sayeed, the daughter of then Union home minister Mufti Mohammed Sayeed.

Not just another terrorist

"In our country, a fair trial was given even to Ajmal Kasab," the court observed, when Solicitor General Tushar Mehta’s submission that Malik was not “just another terrorist”.

The Solicitor General told the bench that Malik insisted on appearing in person and refused to engage a lawyer. Malik was playing tricks with the courts by insisting on cross-examining witnesses in the trial instead of keeping a lawyer, Mehta submitted to the bench.

Mehta further said Malik had been in contact with Pakistani militant and founder of terrorist organisation Lashkar-e-Taiba Hafiz Saeed.

Jammu connectivity

The apex court bench, comprising of Justices Abhay S Oka and Augustine George Masih, suggested setting up a courtroom in Tihar jail in Delhi, where Malik is currenly held, in the face of strong objection raised by the CBI.

The SC, however, raised concerns about conducting cross-examination online. "How will cross-examination be done online? Connectivity in Jammu is hardly reliable." But Mehta assured the court that connectivity was good.

"We can set up a courtroom in Delhi in jail…” suggested Justice Oka, Mehta did not object to it.

The court pointed out that witnesses in the case would require security, and asked for details about the arrangements to protect them.

Malik is serving a life sentence in Tihar Jail for a terror funding case. In September 20, 2022, a special TADA court in Jammu directed Malik to be physically produced before it on the next hearing for him to cross-examine prosecution witnesses in the kidnapping case. 

The SC had last year stayed the Operation Jammu Special Court order allowing Malik’s physical presence at the trial to cross examine witnesses in the case.

Next hearing

The apex court set the next hearing for November 28 to give time to the CBI to amend its petition to include all accused as respondents.