• Source:JND
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The Supreme Court on Thursday observed that even Ajmal Kasab, the terrorist involved in the 26/11 Mumbai terror attacks, was granted a fair trial. This statement came as the top court heard an appeal filed by the Central Bureau of Investigation (CBI). The CBI’s appeal challenges a Jammu court's order, which had directed Kashmiri separatist leader Yasin Malik to appear in person for proceedings in two significant cases.

The two cases in question are the 1990 killing of four Indian Air Force personnel near Srinagar and the 1989 kidnapping of Rubaiya Sayeed, the daughter of former Union Home Minister Mufti Mohammed Sayeed. Yasin Malik is the primary accused in both cases. The CBI raised security concerns and objected to the Jammu Court’s directive to produce Malik in person. 

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Solicitor General Tushar Mehta informed a top court bench led by Justice Abhay S Oka and Justice Augustine George Masih that it would be unfeasible to transport the Kashmiri separatist from Delhi’s Tihar Jail to Jammu for the trial. He also highlighted concerns regarding the safety of witnesses.

In response, Justice Oka remarked, "Even Ajmal Kasab was granted a fair trial in our country," as he instructed the Solicitor General (SG) to obtain details regarding the number of witnesses in the case. The SG explained that it was Malik who was refusing legal representation. He also noted that the witnesses would require security, citing an incident where one of the witnesses had been assassinated, as reported by LiveLaw.

Justice Oka suggested exploring the possibility of holding a trial at the jail. He stated that all accused individuals in the case should be heard before a decision is made. 

The Solicitor General (SG) pointed out that Malik, one of the accused, had not engaged a lawyer in the current petition. SG Mehta also highlighted that Malik, who is serving a life sentence at Tihar Jail in another case, had previously appeared physically in the Supreme Court, raising security concerns. 

In response, Justice Oka proposed that Malik could be allowed to participate virtually in the Supreme Court proceedings. The matter was eventually adjourned until the following Thursday to give the CBI time to amend the petition and include all the accused as respondents.