New Delhi: A two-judge bench of the Supreme Court on Friday was taken aback to see Kashmiri separatist leader Yasin Malik, who is undergoing a life sentence in Tihar jail in a terror funding case, in the courtroom appearing in person to argue his case.
The bench said, “There is no order by us that he will appear (in person)…”. The Centre said Malik was very callously brought to the court and it is a heavy security issue. A bench comprising justices Surya Kant and Dipankar Dutta was taken by surprise to see Malik in the courtroom even though there was no order regarding his physical appearance. Solicitor General Tushar Mehta submitted that measures will be taken to ensure that he is not brought out of jail like this in future. Mehta said, “In view of section 268 order, he cannot come out of the jail….any party in person who wants to address in person and not through a lawyer, needs a permission….from the office report, we believe there is no such permission either sought for or granted”.
Justice Kant said, “There is no order by us that he will appear (in person)…”. Mehta said it is a mistake on our part “but since your lordships are not taking up the matter then I am not addressing on that”.
Justice Datta opted out of hearing the matter. Mehta stressed, “he cannot be brought out of jail”. Justice Kant said, “We had only passed the stay order of staying those orders of additional sessions judge” and never passed any order that he should remain personally present, and “we did not even say orally, I recollect…”. Additional Solicitor General S V Raju said, “The orders of this court have been misinterpreted and it is a great security risk, something untoward can happen, very callously he has been brought here….my lord may observe that he need not be brought”.
Concluding the hearing, justice Kant said the matter may be listed before a different bench, where justice Datta is not a member. Mehta said, “We will ensure that he is not brought out….heavy security issue”. Justice Kant orally observed that video conferencing facilities are easily available these days. Mehta said we are ready to provide it. The top court scheduled the matter for further hearing after four weeks.
The matter in which Malik was appearing is an appeal filed by the CBI assailing orders of a special court in Jammu whereby a fresh production warrant was issued for Malik's physical appearance. Malik’s physical appearance was sought for cross-examination of witnesses’ connection with the killing of four IAF personnel and the abduction of Rubaiya Sayeed, daughter of Mufti Muhammad Sayeed in 1989.
The top court on April 24, 2023, issued notice and said, “operation of the impugned orders dated 20092022 and 21092022 passed by the Court of 3rd Additional Sessions Judge, Jammu (TADA/POTA) shall remain stayed”.
