In a significant legal development, the Supreme Court of India emphasized the right to a fair trial for Kashmiri separatist leader Yasin Malik, who is facing charges related to the killing of Indian Air Force officers in Srinagar back in 1990. The bench, comprising Justice Abhay S. Oka and Justice Augustine George Masih, made this observation during the hearing of an appeal filed by the Central Bureau of Investigation (CBI), which sought to challenge a Jammu trial court order regarding Malik’s physical presence at the court.
During the proceedings, Solicitor General Tushar Mehta represented the CBI, arguing against the feasibility of transporting Malik to Jammu for the trial. He cited security concerns, particularly the need to protect witnesses connected to the 1989 incident involving the murder of four IAF personnel. Mehta contended that Malik was attempting to manipulate the situation by expressing a desire to personally cross-examine witnesses without the aid of legal counsel. To emphasize the gravity of the situation, he presented a photograph of Malik with Hafiz Mohammad Saeed, the founder of the terrorist organization Lashkar-e-Taiba (LeT), taken during Malik’s visits to Pakistan.
Mehta underscored that Malik should not be regarded as an ordinary criminal, given his extensive connections with terrorist elements and his multiple trips to Pakistan to meet with Saeed. He cautioned the court about the dangers posed to witnesses, recalling that one individual had already been murdered, thereby necessitating a cautious approach to Malik’s trial.
In response to the CBI’s arguments, Justice Oka highlighted the principle of fair trial by referencing the case of Ajmal Kasab, the 2008 Mumbai terror attack perpetrator, who was also afforded due process despite his actions. The judge affirmed that all accused in the case would be heard before a decision could be made regarding the proceedings, suggesting that the government explore the possibility of conducting the trial within the confines of the jail or allowing Malik to appear virtually in the Supreme Court.
The hearing was adjourned until the following Thursday, during which the court granted the CBI permission to amend its petition to include all accused parties in the case as respondents.
Yasin Malik, who garnered international attention over the years for his role in the Kashmir separatist movement, had previously been sentenced to life imprisonment by a National Investigation Agency (NIA) court in May 2022 after he admitted guilt to charges of waging war against the state, among other serious offenses. Following this, the NIA filed an appeal requesting the death penalty for Malik, particularly in relation to the historic case concerning the killings of the IAF personnel in Rawalpora, Srinagar, on January 25, 1990.
