New Delhi: The Supreme Court on Friday was stunned by the personal appearance of Jammu and Kashmir Liberation Front (JKLF) commander Yasin Malik, as it also noted that the apex court has not passed any order for his personal appearance.
However, the central government has expressed concern over the physical presence of JKLF commander Yasin Malik in the apex court.
Yasin Malik, convicted in a terror funding case and serving life sentence in Tihar Jail, was to be produced in the apex court for hearing the CBI’s plea challenging the Jammu court’s order.
Solicitor General Tushar Mehta, representing the Centre, informed the court that there was no order of the apex court mandating Yasin Malik’s physical presence in the matter.
Despite this, Yasin Malik, incidentally, was produced before the top court to participate in the CBI’s appeal against the Jammu court’s verdict.
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Additional Solicitor General SV Raju called it a serious security issue.
A bench of Justice Surya Kant and Justice Dipankar Dutta recused themselves from hearing the matter but clarified that they had no direction to summon Yasin Malik.
Solicitor General Tushar Mehta also told the court that the Ministry of Home Affairs has directed not to bring Yasin Malik out of jail.
The top court emphasized that virtual modes of appearance are available for court proceedings, indicating that Yasin Malik’s physical presence was not necessary.
Justice Kant listed the matter for hearing after four weeks and suggested that it be heard by another bench without Justice Datta.
The CBI had filed an appeal against the order of the Additional Sessions Judge, Jammu (TADA/POTA), which had issued production warrants against Yasin Malik in two separate cases.
The Jammu court had sought Malik’s physical presence for cross-examination of witnesses in connection with the 1989 killing of four Indian Air Force personnel and abduction of Rubaiya Sayeed, daughter of Mufti Muhammad Sayeed.
Meanwhile, in the last hearing, the top court had stayed the order of the Jammu court.