The presence of Yasin Malik, the imprisoned chief of JKLF (Jammu and Kashmir Liberation Front), serving a life term in Tihar jail, caused a commotion in the packed courtroom of the Supreme Court on Friday. He was brought to the court premises in a prison van, accompanied by armed security personnel, without the court’s authorization.
Expressing surprise at Malik’s appearance, Solicitor General Tushar Mehta informed the bench of Justices Surya Kant and Dipankar Datta that certain procedures exist for high-risk convicts to be allowed into the courtroom to present their cases personally.
The court was hearing a CBI appeal against a trial court’s September 20, 2022 order in the 1989 kidnapping case of Rubaiya Sayeed, daughter of the then union home minister Mufti Mohammad Sayeed. The trial court had allowed Malik to appear in person and cross-examine the witnesses. The CBI argued that Malik, being a top leader and a threat to national security, should not be taken outside the Tihar jail premises.
Earlier, on April 24, the apex court issued notices on the CBI’s appeal, and subsequently, Malik wrote to the Supreme Court’s registrar on May 26, seeking permission to appear in person to plead his case. The assistant registrar’s response on July 18 led the Tihar jail authorities to mistakenly believe that Malik had to be presented before the court.
However, the bench clarified that it had not granted any permission for Malik to argue his case in person. Justice Datta recused himself from the matter, and the case will be referred to Chief Justice D Y Chandrachud for listing before an appropriate bench.
Solicitor General Mehta highlighted the serious security concerns of Malik’s appearance in court and assured steps would be taken to prevent such incidents in the future. He also mentioned that the CBI was willing to allow Malik to argue via video conference, but Malik refused this option.
The matter will be listed before another bench after Justice Datta’s recusal. Meanwhile, the court’s office report revealed that Malik had submitted a letter and affidavit on May 26, requesting permission to appear in person.
In the 1989 kidnapping case, Rubaiya Sayeed was abducted and subsequently released in exchange for the release of five terrorists. She is now living in Tamil Nadu and is listed as a prosecution witness by the CBI.
Yasin Malik is currently serving his sentence at Tihar jail after being sentenced in a terror funding case by a special National Investigation Agency (NIA) court in May of the previous year.
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