'Fair trial was given even to Ajmal Kasab': Supreme court while hearing Yasin Malik case

The Supreme Court emphasized on Thursday that even jailed separatist leader Yasin Malik deserves a fair trial, drawing parallels to Ajmal Kasab's case. The court suggested conducting Malik's trial for the 1989 Rubaiya Sayeed kidnapping inside Tihar Jail due to connectivity issues with the Jammu court. The bench will consider this option after hearing from all the accused.

NEW DELHI: The Supreme Court on Thursday said that even separatist leader Yasin Malik, serving a life sentence in Tihar Jail, must be granted a fair trial, citing the case of Ajmal Kasab, who received legal assistance during his trail. "How will cross-examination be done online? There is hardly any connectivity in Jammu..

. In our country, a fair trial was given even to Ajmal Kasab and legal assistance was given to him in the high court," news agency PTI reported quoting the bench. As per a PTI report, the court hinted at the possibility of conducting Malik’s trial within Tihar Jail for the 1989 kidnapping of Rubaiya Sayeed, daughter of politician Mufti Mohammad Sayeed.

This followed a plea by the CBI against a Jammu trial court order requiring Malik's physical presence for cross-examining prosecution witnesses. During the hearing, Justices Abhay S Oka and Augustine George Masih questioned the feasibility of virtual cross-examination given poor internet connectivity in Jammu. The bench instructed Solicitor General Tushar Mehta, representing the CBI, to provide details about the witnesses involved.

Mehta referenced a photograph of Malik alongside terrorist Hafiz Saeed to underline his alleged links to militancy. He suggested the trial be conducted inside Tihar Jail, with the judge travelling to Delhi if necessary. The top court agreed to consider this option but said that it needs to hear all the accused before passing an order.

It postponed the matter to 28 November, directing the CBI to amend its petition and include all co-accused as respondents. Concerns about Malik’s security were raised earlier in 2023 when he was unexpectedly brought to the Supreme Court without explicit permission. Mehta described it as a serious lapse and pointed to procedural safeguards under Section 268 of the CrPC that allow authorities to restrict the movement of high-risk prisoners.

Malik, a former leader of the Jammu and Kashmir Liberation Front, is also serving a life sentence in a terror-funding case . He was sentenced by an NIA court in May 2023..