Yasin Malik in Supreme Court: Jammu and Kashmir Liberation Front (JKLF) chief Yasin Malik, serving life sentence in Tihar Jail in a terror financing case, created a sensation of sorts in the Supreme Court on Friday by reaching a packed courtroom. Malik was brought to the Supreme Court premises in a prison vehicle without the court’s permission and the vehicle was guarded by armed security personnel. As soon as Malik stepped into the courtroom, all the people present there were surprised.
a procedure for granting access to the courtroom
Expressing surprise over Malik’s presence, Solicitor General Tushar Mehta told a bench of Justices Surya Kant and Dipankar Datta that there is a process to allow high-risk convicts to come to the courtroom to plead their cases in person. The bench was hearing the CBI’s plea against the September 20, 2022 order passed by the trial court in Jammu in the 1989 abduction case of Rubaiya Sayeed, daughter of former Union Home Minister late Mufti Mohammad Sayeed. Meanwhile, Yasin Malik appeared in the court room.
Malik a threat to national security
The CBI told the court that JKLF’s top leader Malik was a threat to national security and he cannot be allowed to be taken out of the Tihar jail premises. The apex court had issued a notice on CBI’s appeal on April 24 following which Malik had written to the Registrar of the Supreme Court on May 26 seeking permission to appear in person to plead his case.
Tihar Jail authorities clearly misunderstood
An assistant registrar in the matter took note of Malik’s request on July 18 and said the apex court would pass necessary orders. The Tihar Jail authorities apparently misunderstood that Malik was to be presented in the Supreme Court to plead his case. When Mehta questioned Malik’s presence in the courtroom, the bench said it had not granted any permission or passed any order allowing Malik to argue his case in person.
Justice Datta recused himself from the hearing
Justice Kant said that Justice Datta has recused himself from the hearing and it will now be placed before Chief Justice Justice DY Chandrachud for listing before an appropriate bench. Justice Dutta has not given any reason for recusing himself from the hearing. Mehta said, “This is a serious security issue. Malik has been brought to the court because of the negligent attitude of the jail authorities and necessary steps will be taken to ensure that this does not happen in future. He is a danger to the nation. He is a huge security threat to others.
Malik brought to court over ‘misinterpretation’ of order
He said that Malik was brought to the court due to “misinterpretation” of some order. Additional Solicitor General SV Raju, also appearing for the CBI, submitted that the court may clarify and pass necessary orders to ensure that such an incident does not recur. Justice Kant said that arguing in person by an accused is no longer a problem as the top court is allowing virtual hearings these days. To this, Mehta said that the CBI was ready to allow Malik to argue through video conference but he is refusing to appear virtually.
Matter listed after four weeks
Mehta referred to the CBI’s contention in his appeal against the trial court’s order to bring Malik to Jammu for cross-examination of witnesses in the Rubaiya Saeed kidnapping case, and said that under Section 268 of the CrPC, the state government can direct certain persons not to be shifted from the jail premises. The bench then asked Mehta to present his arguments before another bench which would be constituted after Justice Datta recuses. It listed the matter after four weeks.
