Supreme Court Surprised as Yasin Malik Appears in Person
On Friday, Supreme Court Judges were taken aback that Kashmiri separatist leader Yasin Malik, who is undergoing life sentence in Tihar jail after being convicted in a terror funding case, was present in the Apex Court to appear before it in person.
Appeal against Production Warrant
The matter in which Malik was appearing is an appeal filed by the Central Bureau of Investigation assailing orders of Special Court in Jammu whereby fresh production warrant was issued for Malik’s physical appearance. His physical appearance was sought for cross-examination of witnesses in relation to the killing of four IAF personnel; abduction of Rubaiya Sayeed, daughter of Mufti Muhammad Sayeed in 1989.
The Apex Court had issued notice in the matter in April, 2023 and stayed the operation of impugned orders of the 3rd Additional Sessions Judge, Jammu (TADA/POTA).
Surprise Appearance in Court
On Friday, the matter came up before a Division Bench comprising Justice Surya Kant and Justice Dipankar Datta. Though the Bench did not proceed with the matter as Justice Datta recused from hearing the same, the Judges were shocked that Malik was appearing in person even when no order seeking his physical appearance was passed by it.
It appears that Malik had expressed his desire to the jail authorities to appear in person before the Apex Court and was accordingly brought out of jail. Visuals of Yasin Malik brought to the Court premises by jail authorities along with armed security personnel have emerged.
Security Concerns and Future Measures
During the course of the hearing, the Solicitor General of India, Tushar Mehta assured the Bench that the administrative measures will be taken to ensure that he is not brought out of jail like this in the future. Concerned, he added, “It is a heavy security issue”.
Additional Solicitor General, SV Raju appearing for the CBI said that Malik was brought out of jail callously by the jail authorities upon misinterpretation of the Apex Court’s order. He sought directions from the Bench to ensure that the act is not repeated in the future. Justice Kant said that it might be difficult to pass any such order as Justice Datta was recused and asked the ASG to seek such relief before the Bench where the matter would be listed next.
Justice Kant suggested if at all required, Malik can address the Court through virtual mode. In this regard, the Solicitor General submitted, “We are ready, but he refused…Otherwise that is the simplest means.”
Finally, the Bench recorded in the order, “List after 4 weeks before a Bench in which my brother (J. Dipankar Datta) is not a member”.
- Yasin Malik, a Kashmiri separatist leader, appeared in person before the Supreme Court despite no order seeking his physical appearance.
- The Apex Court had issued notice in April, 2023, staying the operation of impugned orders of the Special Court in Jammu.
- The appearance of Malik in court surprised the judges, as he is currently undergoing a life sentence in Tihar jail.
- The Solicitor General assured the court that measures will be taken to prevent such incidents in the future.
- The CBI sought directions to ensure a similar act is not repeated, but it may be difficult to pass any order without the recused judge on the bench.
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