SC orders installation of video-conferencing facilities for Yasin Malik trial

21/01/2025

NEW DELHI, Jan 20: The Supreme Court on Monday directed the High Court of Jammu & Kashmir and Ladakh to install functional video-conferencing facilities in the Jammu Court immediately.
The Court's directions were made to facilitate the ongoing trial of Kashmiri separatist leader Yasin Malik and others accused in the 1989 assassination of four Indian Air Force personnel.
A Bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan passed the order while hearing a petition by the Central Bureau of Investigation (CBI), which challenged a Jammu trial court's order requiring Malik's physical production for trial.
The court noted that the accused could effectively participate in the trial through video conferencing and stayed further proceedings in the trial until further orders.
During the hearing, Justice Oka suggested that the accused, including Malik, could appear via video conferencing (VC).
However, Solicitor General (SG) Tushar Mehta informed the court that Malik had refused to appear through VC and had declined to engage legal counsel.
Justice Oka asked Mehta, "Except for accused no. 1 [Yasin Malik], all of them are on bail?" Mehta confirmed, "Yes."
Addressing the counsel for the eight co-accused, Justice Oka said, "We can transfer the trial by setting up a special court, and you can appear through VC. Only for recording evidence your clients will need to come."
The counsel for the co-accused argued that there was no harm in continuing the trial in Jammu with Malik appearing through VC. "It will be difficult for us to travel all the way to Delhi," the counsel stated.
The Solicitor General reiterated that Malik was refusing to engage a lawyer or appear through VC.
Justice Oka responded, "Show where he refused." Mehta then read out the trial judge's order, which highlighted that the VC facilities in the Jammu Court were not functioning properly.
The counsel for the co-accused countered by saying, "They have said that the audio-visual facility has improved [in the Jammu Court]."
Justice Oka observed, "Then he [Malik] can appear via VC."
Mehta emphasized, "He is refusing."
Justice Oka replied, "The judge himself says the VC facility is not working properly." Mehta assured the court that the VC facilities could be improved.
Considering the submissions, the Supreme Court directed the Registrar General of the High Court of Jammu & Kashmir and Ladakh to ensure that proper video-conferencing facilities are installed in the Jammu Court. The bench observed that the system must enable effective virtual cross-examinations.
The court sought a report on the newly installed facilities by February 17, with assurances that they would be examined for functionality.
The bench also instructed the Registrar of the Delhi High Court, overseeing Information Technology, to examine the VC facilities in Tihar Jail, where Malik is serving a life sentence for terror-related charges.
The case pertains to that CBI cited security concerns regarding Malik's transportation to Jammu and suggested that the trial be shifted to a courtroom within Tihar Jail, which is equipped with video-conferencing facilities.
The CBI also highlighted risks, including the assassination of a witness, and described Malik as a high-risk individual due to his alleged links with Hafiz Saeed, the founder of Lashkar-e-Taiba.
The Supreme Court previously stayed the Jammu trial court's order for Malik's physical production. This trial pertains to the killing of four IAF personnel and the 1989 abduction of Rubaiya Sayeed, the daughter of former Union Minister Mufti Mohammad Sayeed.
Malik is currently serving a life sentence after pleading guilty in May 2022 to charges of conspiracy, waging war against the state, and terror funding. The National Investigation Agency (NIA) has appealed to the Delhi High Court, seeking the death penalty for Malik.
The matter is scheduled for review on February 17, pending the report on the VC system's installation and functionality.

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