Operational Court Established in Tihar Jail: Centre Requests Yasin Malik's Trial to be Moved to Delhi

New Delhi, Nov 28 (NationPress) Tushar Mehta, the Solicitor General of India (SGI), informed the Supreme Court on Thursday that a fully operational court equipped with video conferencing facilities is available in Tihar Jail for the trial of JKLF leader Yasin Malik.

This revelation by the SGI followed a suggestion from the apex court on November 21 to consider the establishment of a temporary courtroom in Tihar Jail for the trial proceedings of Yasin Malik.

Malik faces charges in two significant cases concerning abduction and murder.

During the session, Tushar Mehta updated the bench comprising Justice Abhay S. Oka and Justice Augustine George Masih regarding the existence of a fully functional court within the jail, equipped for video conferencing when necessary, and noted that proceedings had previously taken place there.

Additionally, Mehta informed the Supreme Court that two new applications had been filed: one seeking modification and the other requesting the transfer of the case.

The Supreme Court issued notices to the respondents regarding these applications and included other co-accused individuals in the proceedings. The case has been scheduled for further hearing in December.

This court observation occurred while deliberating on the Central Bureau of Investigation's (CBI) plea challenging a Jammu court's order which mandated Malik's physical attendance during trial sessions.

Solicitor General Tushar Mehta expressed that the central agency prefers not to transport Malik, currently incarcerated in Tihar Jail, to Jammu and Kashmir due to security concerns. He presented photographic evidence showing Malik sharing a platform with Hafiz Muhammad Saeed, the founder of the Lashkar-e-Taiba (LeT) terror organization, asserting that Malik is not an ordinary criminal.

The Supreme Court has allowed the CBI to include all accused as respondents in the ongoing petition and has scheduled the matter for review next week. The CBI has contested the order from the Additional Sessions Judge in Jammu (TADA/POTA) dated September 20 and 21, which issued a production warrant against Malik in two separate cases.

The Jammu Court is seeking Malik's physical presence for the cross-examination of witnesses linked to the 1990 killing of four IAF personnel and the 1989 abduction of Rubaiya Sayeed, daughter of Mufti Muhammad Sayeed. However, the Supreme Court stayed the Jammu court's order during the last hearing.

In 2023, Solicitor General Tushar Mehta raised alarms regarding Yasin Malik's presence in the Supreme Court, sending a letter to the Home Secretary that highlighted the potential for serious security lapses, raising fears of his possible escape, abduction, or harm.

It was noted that an order issued by the Ministry of Home Affairs concerning Yasin Malik under section 268 of the Criminal Code of Procedure prohibits jail authorities from removing the convict from jail premises for security reasons.

Malik is already serving a life sentence in another terror-related case, where he has admitted his guilt.