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SC orders video facilities at Tihar jail, Jammu court for Yasin’s trial

ByAbraham Thomas, New Delhi
Jan 21, 2025 03:54 AM IST

The order was passed in an appeal filed by the Central Bureau of Investigation (CBI) seeking transfer of the case from the Jammu court to Delhi.

The Supreme Court on Monday directed the high courts of Delhi and Jammu & Kashmir to ensure the video conferencing facility provided in a Jammu court and Delhi’s Tihar jail are functioning well to enable the trial against terror convict Mohammad Yasin Malik in two high-profile cases of kidnapping and murder.

The order was passed in an appeal filed by the Central Bureau of Investigation (CBI) seeking transfer of the case from the Jammu court to Delhi . (PTI)
The order was passed in an appeal filed by the Central Bureau of Investigation (CBI) seeking transfer of the case from the Jammu court to Delhi . (PTI)

The order was passed in an appeal filed by the Central Bureau of Investigation (CBI) seeking transfer of the case from the Jammu court to Delhi as the trial required Malik’s personal presence to cross-examine witnesses in the 1989 kidnapping of Rubaiya Sayeed, daughter of then Union minister Mufti Mohammad Sayeed, and the killing of four Indian Air Force personnel.

A bench of justices Abhay S Oka and Ujjal Bhuyan directed the registrar general of the J&K high court to take immediate steps for installing a proper video-conferencing (VC) system at the Jammu court. The trial judge, in its order, seeking Malik’s presence, had noted the deficiency in the VC facility of the court.

At the same time, the court also directed the registrar of the Delhi high court looking after the information technology functions to visit the Tihar jail and assess the VC facility.

The two respective high courts have been asked to submit reports before February 21, the next date of hearing. The bench, said, “The RG (registrar general) of the J&K HC shall do the needful and submit a report to this court after deputing any expert to examine the newly installed system.”

Further, with regard to VC facility at Tihar, the court said, “We direct the registrar in charge of information technology of the Delhi HC to visit the facility in Tihar Jail and find out whether the facilities are good enough to enable respondent (Malik) to cross examine witnesses in the trial.”

The CBI, represented by solicitor general Tushar Mehta, said that there were significant security risks in taking Malik to the Jammu court. The court had in the past suggested having a makeshift court inside Tihar Jail for conducting the trial.

While the top court initially favoured transferring the trial to Delhi, the lawyers for the eight other accused, currently on bail, suggested having the trial in the Jammu court and allowing Malik to appear through VC.

Mehta pointed out that the accused have been acting in tandem to defeat the progress of trial. He pointed out that while Malik is not willing to engage a lawyer and physically conduct his case, the other accused have been insisting on continuing with the trial at Jammu.

The court told Mehta, “This order will enable to improve the (VC) system in Jammu and provide better connectivity.” Mehta said the VC facility can be provided in the Jammu court following which court passed the orders.

In April last year, the top court had stated the Jammu court’s order requiring Malik’s production. His physical production in the top court in July 2023 prompted SG Mehta to shoot a missive to the then Union home secretary, calling it a grave security lapse.

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