'Even Ajmal Kasab got fair trial': SC on Yasin Malik case, mulls temporary coatroom in Tihar jail courtroom precedence

The court, comprising Justices Abhay S. Oka and Augustine George Masih, made the observation while hearing a Central Bureau of Investigation (CBI) plea against a September 2022 order by a Special TADA Court in Jammu.

During the proceedings, the bench remarked, “Even Ajmal Kasab was given a fair trial in our country,” referring to the legal process provided to the 26/11 Mumbai terror attack convict.

The bench asked Solicitor General Tushar Mehta to take instructions as to how many witnesses were there and who were needed to be examined in the case.

Malik is currently serving a life sentence in Tihar Jail.

He had been directed to appear in person before the trial court for cross-examining prosecution witnesses in the 1989 kidnapping case involving Rubaiya Sayeed, daughter of then Union home minister Mufti Mohammad Sayeed.

Rubaiya was abducted in Srinagar on December 8, 1989, and released five days later after the V.P. Singh government exchanged her for five jailed militants.

Fair trial concerns

Highlighting logistical challenges, the court questioned the feasibility of online cross-examination due to poor connectivity in Jammu. The bench stressed the importance of a fair trial, even for individuals like Kasab, who had received legal assistance during his appeal process.

Solicitor General Tushar Mehta, representing the CBI, flagged security concerns about transporting Malik to Jammu for trial.

He accused Malik of “playing tricks” by refusing legal representation and seeking personal appearances. Mehta also referenced a photograph allegedly showing Malik with 26/11 mastermind Hafiz Saeed.

The court suggested the trial could be conducted inside Tihar Jail or that the judge could travel to Delhi. It emphasized that all accused in the case must be heard before a final decision is made.

Security measures and next steps

The bench noted previous security concerns about Malik’s physical appearances in court and suggested he could participate virtually in Supreme Court proceedings. The matter has been scheduled for further hearing on November 28.