‘Even Ajmal Kasab got fair trial ‘: SC to CBI in Yasin Malik’s case
On Thursday, the Supreme Court of India observed that Kashmiri separatist leader Yasin Malik is entitled to a fair trial in the ongoing case concerning the killing of four Indian Air Force (IAF) officers in Srinagar in 1990, an incident for which he is responsible.
The Court observed while hearing an appeal filed by the Central Bureau of Investigation (CBI) against a Jammu trial court’s order for the physical production of Malik.
A bench of Justices Abhay S Oka and Augustine George Masih stated that even a terrorist like Ajmal Kasab, involved in the 2008 Mumbai attacks, was granted a fair trial, reinforcing the principle of a fair legal process for all accused, regardless of the nature of the charges.
The CBI’s appeal, presented by Solicitor General Tushar Mehta, argued that Malik could not be taken to Jammu due to serious security concerns, both for Malik and the witnesses involved in the 1990 killing of the IAF officers. The CBI also alleged that Malik was attempting to delay the trial by insisting on appearing in person for cross-examination without legal representation, further complicating the proceedings.
Mehta also highlighted Malik’s connections to Hafiz Saeed, the founder of the terrorist group Lashkar-e-Taiba (LeT), displaying a photograph of Malik with Saeed in Pakistan.
“He is not just another criminal. He has been involved in terror activities and met with Hafiz Saeed multiple times. The government cannot follow the usual procedure in such cases, and the safety of witnesses is paramount. One of them was even assassinated,” Mehta argued.
Justice Oka responded by emphasizing the importance of providing a fair trial, noting, “Even Ajmal Kasab was given a fair trial,” and added that the court must hear all parties before passing a final order. The bench suggested that the trial could possibly be conducted in a secure jail setting, and Malik could appear virtually before the court.
The Supreme Court also adjourned the hearing until next Thursday, allowing the CBI to amend its petition and include all accused in the case as respondents.
In May 2022, Malik was sentenced to life imprisonment by the National Investigation Agency (NIA) court after he pleaded guilty to charges of waging war against the state, conspiracy, and terror funding. The NIA had subsequently appealed to the Delhi High Court, seeking the death penalty for Malik.
Yasin Malik is the key accused in the killing of four IAF personnel on January 25, 1990, in Srinagar’s Rawalpora locality.
For all the latest updates, download PGurus App.
Porkistan & China also invited to defend Yasin Malik so that fair trail can be established. Law of the land must prevail, even if the person held NOT guilty & released to live a normal life. In between Govt of India to pay compensation for wilful wrong imprisonment & pay for the court proceedings.
The Judges to be recommended for Nobel Peace Prize or atleast Padma Bhushan