On Monday, the Supreme Court instructed the Registrar General of the Jammu and Kashmir & Ladakh High Court to ensure that adequate videoconferencing (VC) facilities are provided in a Jammu court for the trial of separatist leader Yasin Malik, who is currently in Tihar Jail.
A bench of Justices Abhay S. Oka and Ujjal Bhuyan issued the order after noting the trial judge's remarks that the video-conferencing (VC) system was not functioning properly in the Jammu court.
"We direct Registrar General of High Court of Jammu and Kashmir to look into what is stated and take immediate steps for installing a proper system through which hearing can be conducted by using video medium or video conference. The system should be such that there can be effective cross examination by using the system," the Court ordered.
The Court further instructed the Registrar General to submit a report after appointing an expert to inspect the newly installed video-conferencing (VC) system. The report is to be submitted by February 17, with the matter scheduled for hearing on February 21.
The Bench was hearing an appeal filed by the Central Bureau of Investigation (CBI) against a Jammu trial court's order that had called for the physical presence of separatist leader Yasin Malik during trial proceedings. In April 2023, the Supreme Court had stayed the order.
The Jammu court had requested Malik's appearance for cross-examining witnesses in two cases—one related to the killing of four Indian Air Force (IAF) personnel and the other concerning the 1989 abduction of Rubaiya Sayeed, daughter of former Jammu and Kashmir Chief Minister Mufti Muhammad Sayeed.
The CBI challenged this order, citing security concerns associated with transferring Malik from Tihar Jail in Delhi to Jammu.
Malik was convicted under the Unlawful Activities (Prevention) Act (UAPA) after pleading guilty to the charges.
In a previous hearing, the Supreme Court had proposed setting up a makeshift courtroom in the jail for cross-examining Malik, instead of transporting him to Jammu. The Court was informed that a fully functional courtroom with VC facilities already exists at Tihar Jail.
During today's proceedings, Solicitor General (SG) Tushar Mehta mentioned that Malik had refused to appear via VC. The Court observed, "But the judge says the VC facility is not working properly."
The Bench ordered improvements to the VC system in the Jammu court and also directed an inspection of the VC facilities at Tihar Jail. "We also direct the Registrar in charge of IT at the Delhi High Court to visit Tihar Jail to ensure the facilities are adequate for enabling Malik to cross-examine witnesses in the trial," the Court said.
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