Today, the division bench of the Supreme Court comprising, Justice Surya Kant and Justice Dipankar Datta were shocked to see Kashmiri separatist leader Yasin Malik, appear before it in person.
After being convicted in a terror funding case, the bench orders life sentence in Tihar jail.
In the said matter, the CBI filed an appeal, challenging orders of Special Court in Jammu whereby fresh production warrant was issued for Malik's physical appearance.
His physical appearance was sought for cross-examination of witnesses in relation to the killing of four IAF personnel; abduction of Rubaiya Sayeed, daughter of Mufti Muhammad Sayeed in 1989.
During the hearing, today division bench were shocked to see Malik appear in person even when no order seeking his physical appearance was passed by it.
Malik had expressed his desire to the jail authorities to appear in person before theSupreme Court.
Thereafter, he brought out of jail.
During the course of the hearing, the Solicitor General of India, Tushar Mehta assured the Bench that the administrative measures will be taken to ensure that he is not brought out of jail like this in future. Concerned, he added, “It is a heavy security issue”.
''Malik was brought out of jail callously by the jail authorities upon misinterpretation of the Apex Court’s order.'', Additional Solicitor General, SV Raju appearing for the CBI,
Further, he sought directions from the Bench to ensure that the act is not repeated in future. Justice Kant said that it might be difficult to pass any such order as Justice Datta was recused and asked the ASG to seek such relief before the Bench where the matter would be listed next.
Justice Kant suggested if at all required, Malik can address the Court through virtual mode. In this regard, the Solicitor General submitted, “We are ready, but he refused...Otherwise that is the simplest means.”
Finally, the Bench recorded in the order, “List after 4 weeks before a Bench in which my brother (J. Dipankar Datta) is not a member”.
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