In a recent hearing, the Supreme Court of India extended the deadline for responses from six accused individuals, including the banned JKLF chief Yasin Malik, regarding the Central Bureau of Investigation’s (CBI) request to transfer two terror-related trials. The CBI is seeking to move these trials from Jammu to New Delhi for reasons of security and procedural efficiency.
The cases in question include the 1990 attack that resulted in the deaths of four Indian Air Force personnel in Srinagar and the 1989 abduction of Rubaiya Sayeed, the daughter of then Union Home Minister Mufti Mohammed Sayeed. These incidents have remained pivotal in discussions of terrorism and security in the region.
During the proceedings on Wednesday, a bench comprising Justices Abhay S Oka and Manmohan highlighted the absence of responses from the six accused to the CBI’s plea and granted them an additional two weeks to file their replies. The matter is scheduled for further discussion on January 20, 2025.
The bench emphasized the importance of hearing from all accused parties if a trial transfer is considered. “If the trial is to be transferred then all accused have to be heard,” remarked the justices.
The court was also informed of the death of one of the accused, Mohammed Rafiq Pahloo, which means the trial against him will be discontinued.
Solicitor General Tushar Mehta addressed the court, suggesting that Yasin Malik, who is currently serving a life sentence in Tihar Jail, does not need to be physically present in Jammu for the trial in the kidnapping case, citing the availability of video-conferencing facilities at Tihar Jail.
This hearing stems from a challenge by the CBI against a 2022 order from a Jammu trial court, which had mandated Malik’s physical presence for the cross-examination of prosecution witnesses in the Rubaiya Sayeed case. The CBI has argued that Malik, recognized as a significant threat to national security, should not be transported outside of Tihar Jail.
Rubaiya Sayeed, who was released in exchange for five terrorists following her abduction, is now a key witness in the case. She resides in Tamil Nadu and continues to be a critical figure in the ongoing legal proceedings.
Yasin Malik was sentenced in May 2023 by a special NIA court in a separate terror-funding case, further complicating his legal entanglements.
