NEW DELHI: The Central Bureau of Investigation (CBI) on Thursday approached the Supreme Court on a case relating to separatist leader and JKLF chief Yasin Malik.
The Special Court had issued fresh production warrant for physical appearance of Yasin Malik for cross-examination of witnesses in cases related to the killing of four IAF personnel and abduction of Rubaiya Sayeed, daughter of then Union home minister Mufti Muhammad Sayeed, in 1989.
Malik is also serving a life sentence in Delhi’s Tihar Jail in a terror funding case.
The plea will be heard by a bench of Justices Surya Kant and Dipankar Datta on Friday.
Challenging Jammu court’s September 20 and 21, 2022 ruling, CBI in the plea while referring to an order passed u/s 268 CrPC before SC has said under a general/special order by the state, a prisoner can be excluded from appearing or attending courts and not be removed from prison till such order is in force but the Additional Sessions Judge has committee gross negligence and error in passing the order. Notably, section 268 of CrPC empowers the state to direct non-removal of a person detained in prison as long as the order remains in force.
Although the NIA court had closed Malik’s right to cross-examine in November 2022, CBI in the plea has said that Sessions judge has totally ignored the fact that Malik is a national threat, has headed a banned terror group and was instrumental in initiating terror activities in sensitive areas of J & K.
“Respondent No.1 (Yasin Malik) has committed heinous offences like murder, kidnapping, terrorism etc. The Ld. 3rd Additional Sessions Judge, Jammu (TADA/POTA) has totally lost sight of the fact that in a trial as sensitive as the one in the present case, the physical presence of Yasin Malik in Court may threaten the prosecution witness and may hamper the principle of law of fair trial by the State. It is submitted that the protection of prosecution witnesses and their security is of utmost importance in the trial of such heinous offences. Yasin Malik cannot be moved out of the jurisdiction of Delhi without permission from the NIA court or Hon’ble HC,” the plea said.
It has also been stated in the plea that in today’s age when the judicial system of the whole country is acclimatised to Video Conferencing mode, Malik wants to deliberately move out of Delhi and be physically present in court in Jammu.
“Allowing such a plea of Yasin Malik is detrimental to the safety of the witnesses, is against the legal principle set out under section 268 Cr.P.C. and is actually a very dangerous and risky move, considering the antecedents of Yasin Malik. Moreover, the impugned orders are required to be set aside as being a high-risk prisoner on whom the Section 268 Cr.P.C. is still applicable, Yasin Malik ought not to be moved out of the jurisdiction of the State Government and be directed to be physically present in Jammu in a sensitive case of national importance,” the plea also said.