SRINAGAR: The Supreme Court on Wednesday directed six co-accused in two high-profile cases involving Kashmiri separatist Yasin Malik to file their replies within two weeks to a Central Bureau of Investigation (CBI) plea seeking the transfer of the trials from Jammu to New Delhi.
The two cases date back to the early 1990s and involve the murder of four Indian Air Force personnel in a shootout in Srinagar in January 1990 and the abduction of Rubaiya Sayeed, the daughter of former Union Home Minister Mufti Mohammad Sayeed, in December 1989. Rubaiya Sayeed, now living in Tamil Nadu, is a key prosecution witness in the latter case.
A bench of Justices Abhay S Oka and Manmohan, noting that all accused must be heard before any decision on the transfer of the trial, posted the matter for further hearing on January 20, 2025. One of the accused has died, leaving nine others, including Malik, to respond.
The CBI challenged a 2022 order from a Jammu trial court that directed Malik to be physically produced to cross-examine witnesses. Currently serving a life sentence in Tihar Jail in a terror-funding case, Malik has argued for his presence in Jammu court. However, Solicitor General Tushar Mehta opposed this, citing security concerns and suggesting that Tihar Jail’s video-conferencing facilities be used instead.
The Supreme Court had previously stayed the Jammu court’s order and suggested alternative arrangements, including setting up a court within the jail premises to facilitate Malik’s trial.
Describing Malik as “not just another terrorist,” Mehta emphasised the high-security risks involved in transporting him outside Tihar. Malik’s physical presence during a Supreme Court hearing in July 2023, which he arranged without authorisation, was cited as a grave security lapse.
The case continues to draw attention due to its historical and political implications, as well as concerns over national security. The CBI took over the cases in the early 1990s following the abduction of Rubaiya Sayeed, which had led to the release of five militants in exchange for her freedom.
