Jailed Yasin Malik comes to Supreme Court in person, leaves judges shocked
Supreme Court, Solicitor General, and CBI on Friday expressed shock on the serious lapse of security by Tihar jail authorities and security agencies in physically producing convicted terrorist Yasin Malik in the Supreme Court instead of his usual appearances through virtual mode. The bench of Justices Surya Kant and Dipankar Datta expressed shock on how Malik was allowed to come to Supreme Court, though there was no specific instruction for physical appearance.
Malik landed in the apex court to argue as a petitioner in person in the case filed by CBI in connection with the killing of Air Force officers and kidnapping of Rubaiya Sayeed by demanding that he want to argue himself. Kashmiri separatist leader Malik filed an appeal in Supreme Court against the Jammu Court order for conducting the crossing against him through virtual mode.
Solicitor General Tushar Mehta took strong objection to Malik’s presence in Supreme Court, pointing out that the procedure is that the Registrar of the Court needs to approve of such appearances. Mehta rebuked the jail officials present in court for allowing the same and informed the Bench that Malik cannot be brought out of jail since Section 268 of the Criminal Procedure Code applies to him. Section 268 of the CrPC empowers governments to keep convicts of serious offences in prison.[1]
Mehta said that the Central government will be taking necessary steps to ensure that Malik is not let out of jail again. Later in the evening, the Solicitor General wrote to Union Home Secretary to take immediate action on this “serious lapse” of security. In his letter Home Secretary Ajay Bhalla, Mehta said that the security of the Supreme Court was put at risk when Yasin Malik was brought on Friday. “Yasin Malik could have escaped, forcibly taken away, or even killed,” said Mehta expressing displeasure.
CBI officials said when there were no specific orders for the physical presence of Malik, allowing him to come out of jail is a sheer violation of security, and jail authorities acted “callously“. After ordering the return of Malik to prison, the apex court posted the next hearing after four weeks.
Reference:
[1] Centre raises objection after separatist Yasin Malik appears in person before Supreme Court; Justice Dipankar Datta recuses – Jul 21, 2023, Bar and Bench
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