Supreme Court allows virtual trial of Yasin Malik in Jammu court from Tihar Jail

The Supreme Court on Friday ordered that separatist leader Yasin Malik, who is in Tihar Jail, can be tried via video conference (VC) in a case before a Jammu court in connection with the killing of four Indian Air Force (IAF) personnel. .A bench of Justices Abhay S Oka and Ujjal Bhuyan also said that Malik can cross-examine witnesses via video conference.Towards that end, the apex court modified a 2022 order of the TADA court in Jammu that had required Malik’s personal production for witness examination. The Court held that in view of the Central government's prohibitory order restricting Malik’s movement outside the NCT of Delhi and the existing VC setup, physical transfer was unnecessary..The Bench was hearing an appeal filed by the Central Bureau of Investigation (CBI) against the Jammu trial court's order calling for Malik's physical presence in trial proceedings. In April 2023, the top court had stayed the order.The Jammu court had sought Malik's appearance for cross-examination of witnesses in two cases - one concerning the killing of four Indian Air Force (IAF) personnel and the second concerning the abduction of Rubaiya Sayeed, daughter of former Chief Minister Mufti Muhammad Sayeed, in 1989.The CBI, however, challenged this order on the ground that there are security risks involved if Malik were to be moved out of Delhi's Tihar Jail and taken to Jammu.Malik stands convicted in another case under the Unlawful Activities (Prevention) Act (UAPA) after pleading guilty to the charges against him and is lodged in Tihar jail serving life sentence..The Supreme Court on Friday noted that Malik had appeared via video link from jail in other cases in both Delhi and Jammu & Kashmir. It referred to reports by the Jail Superintendent and the Registrar IT of the Delhi High Court which confirmed that proper video conferencing facilities were available in Tihar.During the hearing, Malik made submissions over video link and sought to read from a prepared statement. The bench made it clear that it was not going into the merits of the case or the allegations against him, and that the only issue was whether his cross-examination rights could be exercised remotely.“We are not deciding whether you are a terrorist or a political leader,” Justice Oka told Malik, who claimed that there were no FIRs against him or his organisation for sheltering militants.The Court relied on Section 530 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and a 2020 notification of the Jammu & Kashmir High Court to hold that witness examination through video conference was legally permissible. It clarified that if the trial court faces any doubt about the quality of the VC feed during proceedings, it must halt the recording and resume only once proper functioning is ensured..While Malik stated that he did not wish to engage an advocate, the Court said this would not preclude him from doing so in future. .[Read Live Coverage].[Read Order]