Yasin Malik Appears in Person at Supreme Court; Centre Expresses Concerns. The Supreme Court witnessed a surprising turn of events as Yasin Malik, the Jammu, and Kashmir Liberation Front (JKLF) commander, currently serving a life sentence in Tihar Jail for a terror funding case, appeared before the court.
However, it was noted that there was no prior order from the top court requiring his physical presence. The Central government also expressed its concerns about Yasin Malik’s appearance in the Supreme Court:
Supreme Court expresses shock at how JKLF Chief & Kashmiri Separatist Leader Yasin Malik was allowed to come to the Supreme Court to “argue his case in person” when no such orders allowing him to come out of jail are in place. CBI says jail authorities have acted “callously”. pic.twitter.com/AJ9oHfZPNJ
— Law Today (@LawTodayLive) July 21, 2023
Entire Look Into the Matter Of Concern
Yasin Malik, the leader of JKLF, who is currently serving a life sentence in Tihar Jail after being convicted in a terror funding case, was scheduled to be presented before the Supreme Court for a hearing on a CBI plea challenging a Jammu court order.
The Supreme Court was taken aback when Yasin Malik personally appeared before it, as no such order had been passed by the court mandating his physical presence:
Terrorist Yasin Malik earlier today in the Supreme Court of India. Malik has refused to appear virtually for cross examination in the case of killing of 4 Indian Air Force personnel and kidnapping of Rubaiya Sayeed. Court to hear matter after four weeks now. Delaying tactics by… pic.twitter.com/aG6XKNMhdh
— Aditya Raj Kaul (@AdityaRajKaul) July 21, 2023
The Central government, represented by Solicitor General Tushar Mehta, raised concerns over this unexpected development in the court.
The bench of justices, Surya Kant and Dipankar Datta, recused themselves from hearing the matter but made it clear that they had not issued any order requiring Yasin Malik’s personal appearance.
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Solicitor General Tushar Mehta informed the court that the Ministry of Home Affairs had issued a directive preventing Yasin Malik from being brought out of jail.
Yasin Malik’s Presence: Against Jammu Court’s Order
Interestingly, Yasin Malik’s presence coincided with the CBI’s plea against the Jammu Court’s order. Additional Solicitor General SV Raju pointed out that this unexpected appearance posed a serious security issue.
The Supreme Court also highlighted that virtual modes of appearance are available for court hearings, making Yasin Malik’s physical presence unnecessary.
Justice Kant listed the matter for another hearing after four weeks and directed that it should be heard by a different bench in which Justice Datta is not a member.
The CBI had filed an appeal against the order of the Additional Sessions Judge in Jammu, dated September 20 and September 21, which issued a production warrant against Yasin Malik in two separate cases.
The Jammu Court had sought Yasin Malik’s physical appearance for cross-examination of witnesses related to the killing of four Indian Air Force (IAF) personnel and the abduction of Rubaiya Sayeed, daughter of Mufti Muhammad Sayeed, in 1989.
“When I enquired from the officer who was in charge of the security of Mr. Yasin Malik in the Supreme Court, the only thing he could show me was a printed notice in a general format of the Supreme Court, which is sent with regard to every party to any matter in the Court. The printed notice informs the recipients of the notice to appear before the Court either in person or through an authorized Advocate. This is not either the permission of the Hon’ble Supreme Court to bring a convict facing an order under section 268 of CrP Code to come out of jail or it is requiring the mandatory personal presence of the recipient of the order,” the letter to Bhalla said.
Conclusion
The surprise appearance of Yasin Malik in the Supreme Court without a specific court order raised concerns, and the Central government expressed its worries over the matter.
The court emphasized the availability of virtual modes for court hearings, making physical presence unnecessary in most cases.
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The hearing has been scheduled for another date, with a different bench, to address the appeal filed by the CBI against the Jammu Court’s order.
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