Centre urges SC to transfer Yasin Malik's trial to Delhi, cites Tihar court

New Delhi: Solicitor General of India (SGI) Tushar Mehta informed the Supreme Court on Thursday that Tihar Jail has a fully operational court equipped with video conferencing facilities, suitable for conducting the trial of Jammu and Kashmir Liberation Front (JKLF) leader Yasin Malik.

This submission followed the Supreme Court’s suggestion on November 21 to explore the possibility of setting up a makeshift courtroom within Tihar Jail for Malik’s trial. Malik is currently facing charges in two cases related to abduction and murder.

Mehta told the bench comprising Justice Abhay S. Oka and Justice Augustine George Masih that the jail court is equipped for video conferencing and has previously hosted hearings. He also informed the court that the government had submitted two new applications, one for modification and another for transferring the case.

The Supreme Court issued notices to the respondents and included other co-accused parties in the case. The matter has been scheduled for further hearing in December.

The update came as the court was considering the Central Bureau of Investigation’s (CBI) plea against a Jammu court's order requiring Malik's physical presence during trial proceedings. Mehta explained that the CBI opposed transporting Malik, who is currently held in Tihar, to Jammu and Kashmir due to security concerns. He also presented evidence, including a photograph showing Malik with Hafiz Muhammad Saeed, founder of the banned Lashkar-e-Taiba (LeT) terror group, emphasizing that Malik is not an ordinary criminal.

The Supreme Court had previously stayed the Jammu court's order, which related to proceedings in cases involving the 1990 killing of four IAF personnel and the 1989 abduction of Rubaiya Sayeed, daughter of former J&K Chief Minister Mufti Muhammad Sayeed.

In 2023, Solicitor General Mehta had raised security concerns over Malik’s presence in court, writing to the Home Secretary to express fears of potential escape, abduction, or harm. The Ministry of Home Affairs had issued an order under section 268 of the Criminal Code of Procedure, preventing the transfer of Malik from jail premises for security reasons.

Malik is already serving a life sentence for a separate terrorism-related case in which he had confessed his guilt.

With IANS inputs