SC refuses production of Yasin Malik before Jammu court; orders cross-examination from Tihar jail

New Delhi [India], April 4 (ANI): The court">Supreme Court on Friday ordered separatist leader Yasin Malik to cross-examine prosecution witnesses in cases against him by videoconferencing from Tihar jail to a special court in Jammu.
A bench of Justices Abhay S Oka and Ujjal Bhuyan declined physical production of Malik before a Jammu court for the trial of the cases related to the assassination of four Indian Air Force officials and the kidnapping of Rubayya Sayid in 1989.
The top court noted that in December 2025, the central government passed an order under Section 303 of the Bharatiya Nagarik Suraksha Sanhita and the Unlawful Activities (Prevention) Act restricting the movement of Malik from Delhi for one year.
The bench, in its order, noted that, according to the reports of the Registrar General of the Jammu and Kashmir and Ladakh High Court and the Tihar Jail Superintendent, both the trial court and Tihar Jail here have video-conferencing facilities.
Solicitor General Tushar Mehta told the bench that there were security concerns regarding the physical production of Malik.
The apex court was hearing a plea filed by the Central Bureau of Investigation (CBI) seeking the transfer of the trials against Malik and others in the 1989 Rubaiya Sayeed kidnapping and the 1990 Srinagar shootout cases from Jammu to New Delhi.
During the hearing, Malik, who is lodged in Tihar jail, appeared before the bench through video-conferencing and said that he was not a terrorist and was only a political leader.
To this, Justice Oka replied that apex court was not deciding the merits of the case and was only on the issue whether he should be allowed to cross-examine witnesses through video-conferencing.
"We are not deciding the issue whether you are a terrorist or a political leader. The only issue is whether you should be permitted to cross-examine the witnesses by video conference," said the bench.
Earlier, the apex court had directed the Registrar General of the Jammu and Kashmir and Ladakh High Court to ensure proper video-conferencing facilities at a special court in Jammu where Malik's trial will take place.
CBI had also challenged the order of Additional Sessions Judge, Jammu (TADA/POTA) passed on September 20 and September 21, 2024 issuing a production warrant against Malik in two different cases.
A Jammu court had sought Malik's physical appearance for cross-examination of witnesses in relation to the killing of four IAF personnel and abduction of Rubaiya Sayeed, daughter of Mufti Muhammad Sayeed, in 1989.
The apex court had stayed the order of Jammu court in April 2023.
It had earlier suggested exploring the idea of setting up a makeshift courtroom in jail to conduct the trials against terror convict Malik in two cases and remarked that Ajmal Kasab was also given an opportunity for a fair trial.
The Jammu court has been hearing the 1989 Rubaiya Sayeed kidnapping and the 1990 Srinagar shootout cases involving jailed JKLF chief Yasin Malik and others.
He has been lodged in Tihar jail after he was sentenced by a special NIA court in May 2023 in a terror-funding case. (ANI)