New Delhi: The Supreme Court highlighted the importance of fair trials, referencing the case of 26/11 Mumbai attack convict Ajmal Kasab, while hearing an appeal by the Central Bureau of Investigation (CBI) regarding Kashmiri separatist leader Yasin Malik. The CBI challenged a Jammu courts decision permitting Malik to appear physically in his trial. Malik faces charges in the 1990 killing of four Indian Air Force personnel and the 1989 abduction of Rubaiya Sayeed, daughter of then Union Home Minister Mufti Mohammed Sayeed.Tihar Jail Proceedings Under ConsiderationThe court asked Solicitor General Tushar Mehta to evaluate holding the trial inside Delhis Tihar Jail, where Malik is currently serving a life sentence for a terror funding case. Mehta assured the court of seeking necessary instructions but stressed that Malik could not be transported to Jammu, citing safety risks for witnesses. Malik, however, has declined to appoint legal representation and insists on attending the trial in person.During the proceedings, Mehta presented a photograph of Malik sharing a stage with Lashkar-e-Taiba founder Hafiz Saeed, labeling him as no ordinary accused. The bench raised practical challenges about online cross-examinations, questioning, “How will cross-examination be done online Connectivity in Jammu is hardly reliable.”Fair Trial Standards EmphasizedThe Supreme Court underscored that “even Ajmal Kasab was given a fair trial in our country” while urging the CBI to provide details on the number of witnesses. The Solicitor General argued that Section 268 of the Criminal Procedure Code allows states to restrict a prisoners removal from jail for court appearances, alleging that the Additional Sessions Judge erred in permitting Maliks physical presence.The bench permitted the CBI to amend its petition to include all co-accused as respondents. The matter will be revisited on November 28, with further clarity expected on the feasibility of conducting the trial within Tihar Jail premises.
