Jailed JKLF chief Yasin Malik who is serving a life sentence in Tihar jail created a flutter in the Supreme Court on Friday (July 21) with his presence without the court’s permission.
Malik, who is jailed for his conviction in a terror funding case, was brought to the high-security Supreme Court premises in a prison van, escorted by armed security personnel, without the court’s permission.
In what came as an utter surprise to all those present, the convicted JKLF chief walked into the courtroom.
Solicitor General Tushar Mehta voiced his surprise at Malik’s presence and told the bench of Justices Surya Kant and Dipankar Datta that there was a procedure for high-risk convicts to be allowed into the courtroom for their case to be argued personally.
The bench was hearing a CBI appeal against the September 20, 2022 order of a trial court in Jammu in the 1989 kidnapping case of Rubaiya Sayeed, the daughter of then union home minister Mufti Mohammad Sayeed, allowing Malik to personally appear in court and cross-examine the witnesses.
The CBI had told the court that Malik was a threat to national security and cannot be allowed to be taken outside the Tihar jail premises.
On April 24, the apex court had issued notices on CBI's appeal following which the incarcerated JKLF chief wrote a letter to the registrar of the Supreme Court on May 26 seeking permission to appear in person to plead his case.
An assistant registrar took up his request on July 18 and said the apex court would pass necessary orders, a decision the Tihar jail authorities apparently misconstrued that Malik had to be presented before the apex court to argue his case.
When Mehta pointed at Malik's presence in the courtroom, the bench said it had not granted him permission or passed any order allowing him to argue his case in person.
Justice Datta recuses himself from the case
Justice Kant said Justice Datta has recused himself from the matter which will now be placed before Chief Justice of India DY Chandrachud for listing it before an appropriate bench.
Justice Datta did not give any reason for recusing himself from the case.
"It is a heavy security issue. He (Malik) has been brought to court because of the callous approach of jail authorities and necessary steps will be taken to ensure this does not happen in the future. He is a national threat. He is a huge security threat to others," Mehta said.
He said Malik was brought to the court due to "misinterpretation" of some order.
Additional Solicitor General SV Raju, who also appeared for the CBI, said the court may clarify and pass necessary orders to ensure such an incident doesn't occur again.
After Justice Kant said in-person argument by an accused was not a problem anymore with the apex court allowing virtual hearing these days, Mehta contended the CBI was ready to allow Malik to argue via video conference but he was refusing to appear virtually.
Mehta referred to the CBI's contention in its appeal against the trial court order to bring Malik to Jammu for in-person examination of the witnesses in the Rubaiya Sayeed kidnapping case, and said under section 268 of the CrPC a state government may direct certain people to not be shifted from the confines of a prison.
The bench then asked Mehta to present his arguments before another bench that will be constituted after Justice Datta's recusal, and listed the matter after four weeks.
(With PTI inputs)
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