New Delhi: The Supreme Court on Friday refused the physical production of jailed JKLF chief Yasin Malik before a Jammu court but allowed him to cross-examine witnesses in a couple of cases through the virtual mode.
A bench of Justices Abhay S Oka and Ujjal Bhuyan observed the Centre’s order of December 2024 under Section 303 of the Bharatiya Nagarik Suraksha Sanhita and the Unlawful Activities (Prevention) Act restricting his movement from the NCT of Delhi for a year.
The bench, therefore, found Malik’s physical production inappropriate in light of the prohibitory order.
Before passing the order, the court had directed the registrar general of the Jammu and Kashmir HC to inspect the existing VC facility at the Special TADA/POTA court at Jammu and make necessary improvements.
The CBI, represented by solicitor general Tushar Mehta, pointed out that the Centre had issued prohibitory orders in December 2022 restricting Malik’s movement outside Delhi. Moreover, the agency claimed there were significant security risks in taking Malik to the Jammu court.
At the same time, the court even directed the registrar of information technology at the Supreme Court to inspect the online facility at Tihar Jail and submit a report.
“In view of the report that proper VC facility exists both in Tihar Jail and in the trial court…we direct the cross-examination of prosecution witnesses by respondent (Malik) in the case no 339/89 and 22/90 by way of VC through Tihar Jail,” the bench said.
Malik, who appeared in person from Tihar jail, objected to the allegations by CBI naming him a “dreaded” terrorist which has created a wrong narrative against him. “I am not a terrorist. I am a political leader,” Malik said, pointing to the host of privileges enjoyed under successive prime ministers in the past.
The bench said, “We are not deciding whether you are a terrorist or a political leader. The only issue is whether you should be permitted to cross-examine witnesses through VC.”
The court noticed the provision of section 530 of Bharatiya Nagarik Suraksha Sanhita (BNSS), which permits recording of evidence of witnesses through electronic mode.
The court directed the trial judge to scrupulously follow the regulations of February 11, 2020, governing J&K courts which lays down guidelines for holding of trials, recording of evidence, barring recording of statement under section 164 of Code of Criminal Procedure (CrPC), through electronic mode.
The court enquired from Malik if he wished to engage a lawyer. Although Malik refused, the bench said that his statement shall not come in his way to later engage a lawyer.
