E-Paper
4 IAF officials’ killing: Yasin Malik not allowed to appear in-person before special TADA court in Jammu
On September 20, the special TADA court had issued Yasin Malik’s production warrants to the Tihar jail authorities. The next date of hearing into the IAF officials’ case has been fixed as November 23.
The ministry of home affairs on Wednesday refused the movement of the founder of Jammu Kashmir Liberation Front (JKLF) and former terrorist Yasin Malik to Jammu for appearing before a special TADA court here on Wednesday.
The former terrorist-turned-separatist, undergoing life sentence in Tihar prison in a terror funding case, had sought his physical appearance before the special court to cross-examine the prosecution witnesses in two cases, killing of four IAF officials, including squadron leader Ravi Khanna and Rubaiya Sayeed abduction case.
Consequently, Yasin Malik appeared via virtual mode from Tihar jail.
On September 20, the special TADA court had issued Malik’s production warrants to the Tihar jail authorities.
However, following directions by the home ministry, the Tihar prison authorities informed the special court that Malik cannot be produced before the court in Jammu and he has to face the trial via video conferencing.
The next date of hearing into the IAF officials’ case has been fixed as November 23.
Senior advocate SK Bhat, who appeared on behalf of the prosecution before the special TADA Court said, “In NIA case he is a life convict in a terror-funding case and is presently lodged in Tihar Jail. The jail superintendent has requested the special court here that his movement from Delhi to Jammu and Kashmir is not possible because an appeal is pending before the high court and the NIA court has awarded him life imprisonment with a direction that he should be lodged in Tihar jail.”
Bhat said that the Tihar jail authorities while citing the NIA sentence to Malik and an appeal pending disposal before the high court submitted before the court that his movement was not possible.
“The special judge has accepted their plea. Malik was present virtually during the hearing. Now, he has to cross-examine the prosecution witnesses via virtual mode. Otherwise, his right of cross-examination will be closed,” said the prosecution lawyer.
He informed that one of the witnesses identified Yasin Malik and other associates, “who were holding guns during the wee hours on the fateful day when they killed IAF officers with malicious intent.”
Bhat informed that the Rubaiya Sayeed abduction case will be taken up by the same court on Thursday.
To another query, the prosecution lawyer said that Malik till date has been given the chance of a fair trial several times. The court also offered legal aid or amicus curiae but he refused.
A person privy to the hearing said, “During the hearing, judge Ashwani Kumar Sharma asked about the physical appearance of Yasin Malik recalling that a production warrant was issued on September 20 by the court for his physical appearance. While replying CBI counsel appraised that the superintendent of Tihar Jail informed that Yasin Malik convicted in a terror-funding case was serving lifetime imprisonment and the case was under consideration to be converted into a death sentence before the High Court, therefore, he can’t be moved from Delhi”.
