SC allows Yasin Malik to cross-examine witnesses virtually from Tihar jail
Malik, who appeared in person from Tihar jail, objected to the allegations by CBI naming him a “dreaded” terrorist which has created a wrong narrative against him.
The Supreme Court on Friday allowed JKLF chief Mohammad Yasin Malik to cross-examine witnesses in two high-profile cases through videoconferencing from Delhi’s Tihar jail.
The order by a bench headed by justice Abhay S Oka came on a petition filed by the Central Bureau of Investigation (CBI) seeking transfer of the trials – in the 1989 case of the kidnapping of Rubaiya Sayeed, the daughter of former Union minister Mufti Mohammad Sayeed, and the 1990 Srinagar IAF shootout case – from Jammu to Delhi as the trial required Malik’s personal presence to cross-examine witnesses.
Prior to passing the order, the court had directed the registrar general of the Jammu and Kashmir HC to inspect the existing VC facility at the Special TADA/POTA court at Jammu and make necessary improvements.
The CBI, represented by solicitor general Tushar Mehta, pointed out that the Centre had issued prohibitory orders in December 2022 restricting Malik’s movement outside Delhi. Moreover, the agency claimed there were significant security risks in taking Malik to the Jammu court.
At the same time, the court even directed the registrar of information technology at Supreme Court to inspect the online facility at Tihar Jail and submit a report.
“In view of the report that proper VC facility exists both in Tihar Jail and in the trial court...we direct the cross-examination of prosecution witnesses by respondent (Malik) in the case no 339/89 and 22/90 by way of VC through Tihar Jail,” the bench said.
Malik, who appeared in person from Tihar jail, objected to the allegations by CBI naming him a “dreaded” terrorist which has created a wrong narrative against him. “I am not a terrorist. I am a political leader,” Malik said, pointing to the host of privileges enjoyed under successive prime ministers in the past.
The bench said, “We are not deciding whether you are a terrorist or a political leader. The only issue is whether you should be permitted to cross-examine witnesses through VC.”
The court noticed the provision of section 530 of Bharatiya Nagarik Suraksha Sanhita (BNSS), which permits recording of evidence of witnesses through electronic mode.
The court directed the trial judge to scrupulously follow the regulations of February 11, 2020, governing J&K courts which lays down guidelines for holding of trials, recording of evidence, barring recording of statement under section 164 of Code of Criminal Procedure (CrPC), through electronic mode.
The court enquired from Malik if he wished to engage a lawyer. Although Malik refused, the bench said that his statement shall not come in his way to later engage a lawyer.
