The Supreme Court on Friday expressed its surprise to see Kashmiri separatist leader Yasin Malik, undergoing life sentence in Tihar jail in a terror funding case, appearing in person to argue his case.
"There is no order by us that he will appear (in-person),” a bench led by Justice Surya Kant said.
The Centre led by Solicitor General Tushar Mehta said Malik was very callously brought to the court and it is a heavy security issue.
Mehta submitted that measures will be taken to ensure that he is not brought out of jail like this in future.
“In view of section 268 CrPC order, he cannot come out of the jail….any party in person who wants to address in person and not through a lawyer, needs a permission….from the office report, we believe there is no such permission either sought for or granted,” he said.
Justice Dipankar Datta, who was also a part of the bench, recused from hearing the matter.
Mehta said it is a mistake on their part.
Additional Solicitor General S V Raju said, “The orders of this court have been misinterpreted and it is a great security risk, something untoward can happen, very callously he has been brought here….the court may observe that he need not be brought”.
Justice Kant finally said the matter may be listed before a different bench, where Justice Datta is not a member.
Justice Kant orally observed that video conferencing facilities are easily available these days. Mehta said we are ready to provide it. The court fixed the matter for further hearing after four weeks.
The matter related to an appeal filed by the CBI assailing orders of special court in Jammu whereby fresh production warrant was issued for Malik's physical appearance.
Malik’s physical appearance was sought for cross-examination of witnesses’ connection with the killing of four IAF personnel and abduction of Rubaiya Sayeed, daughter of Mufti Muhammad Sayeed in 1989.
On April 24, 2023, the court had issued notice and stayed the orders passed on September 20, 2022 and 21, 2022 by the Court of 3rd Additional Sessions Judge, Jammu (TADA/POTA).
After the hearing, Mehta also shot off a letter to the Home Secretary, saying Malik's personal appearance was a matter of grave security lapse, as "he could have escaped or could have been killed...even the security of the Supreme Court would have been put to serious risk if any untoward incident were to happen."