On Thursday, the Supreme Court agreed to review the Central Bureau of Investigation's (CBI) request to shift the trial of Yasin Malik, a convicted terrorist and former Jammu & Kashmir Liberation Front (JKLF) leader, from a court in Jammu to Delhi.

The CBI suggested that the trial be held through video conferencing in a temporary courtroom set up at Delhi's Tihar Jail, where Malik is currently incarcerated.

A bench of Justices Abhay S. Oka and A.G. Masih issued notices to Yasin Malik and his co-accused, directing them to submit their responses by December 18. This development comes as the court seeks to navigate the delicate balance between ensuring national security and upholding the constitutional right to a fair trial.

Solicitor General Tushar Mehta and advocate Rajat Nair, representing the CBI, presented the agency’s application in response to a Jammu court order requiring Yasin Malik’s physical presence for trial proceedings.

The Jammu court had directed that Malik appear in person for the cross-examination of witnesses in connection with the 1989 kidnapping of Rubaiya Sayeed, the daughter of Union Minister and later Jammu & Kashmir Chief Minister Mufti Muhammad Sayeed, as well as the killing of four Indian Air Force personnel.

The CBI's application pointed to significant risks in transporting Yasin Malik to Jammu for trial proceedings, emphasizing his links to international terror networks and describing him as “a national threat” who led a terror group and played a key role in initiating terrorist activities.

The plea also noted that Malik had appeared alongside figures like Hafiz Saeed, a designated global terrorist, during his visits to Pakistan. The agency stressed that Malik continues to pose a “national threat” and that his presence in Jammu could jeopardize public safety, making security arrangements more complex.

The agency’s application criticized Malik’s refusal to appoint legal representation, alleging that it was a deliberate tactic to force his physical transfer to Jammu under the pretext of attending court proceedings.

“The Union of India has credible information about certain facts which makes it impossible to take Yasin Malik to J&K. It clearly appears that Yasin Malik is fully aware that he would never be taken to J&K except under the pretext of attending the court proceedings personally. It is precisely for this reason that he is refusing to engage the services of any lawyer though he and his organisation have the services of many lawyers in many similar cases in J&K,” said the plea.

The CBI highlighted the advanced facilities available at Tihar Jail, including infrastructure for video conferencing and high-security courtrooms. The agency argued that these facilities would effectively address the concerns raised by the Jammu court regarding internet connectivity issues during virtual hearings.

“The present application is being filed to bring on record certain facts with respect to the stage of trial in the present cases, antecedents of Respondent no 1 [Malik] and the facilities in Central Jail, Tihar for conducting court proceedings in the jail premises and to seek appropriate directions from this Hon’ble Court to the effect that the trial in abovesaid two cases be shifted in New Delhi, to be conducted in Central Jail, Tihar, where respondent no 1 is presently lodged,” said the plea.

On November 21, the Supreme Court recognized the seriousness of the cases involving Yasin Malik when it proposed establishing a temporary courtroom within Tihar Jail to facilitate the trial proceedings for the two cases. During the hearing, the bench also underscored its responsibility to ensure that justice is not only served but is also visibly upheld, even in cases involving serious allegations.

“In our country, a fair trial was given even to Ajmal Kasab,” said the bench during the previous proceedings.

Ajmal Kasab, a Pakistani terrorist who was captured on multiple cameras during the 26/11 Mumbai attacks, was given comprehensive legal representation throughout his trial. Despite the strong evidence of his involvement, senior advocate Raju Ramachandran was appointed as amicus curiae to represent him in the Supreme Court. The court upheld his conviction and death sentence in August 2012, and Kasab was executed in November 2012.

Back in July 2023, his unauthorized appearance at a Supreme Court hearing prompted strong criticism from the Solicitor General, who called it a “grave security lapse.” Malik has also challenged the restrictions imposed under Section 268 of the Code of Criminal Procedure, which limits his movement outside Tihar Jail.