In a significant development, the Supreme Court of India, on Monday, January 20, 2025, directed officials from two High Courts to ensure seamless videoconferencing facilities for Kashmiri separatist Yasin Malik. This move aims to facilitate the cross-examination of witnesses in a Jammu court while Malik remains in Tihar Jail, Delhi. The case pertains to the 1989 killing of four Indian Air Force personnel, a matter that has stirred debates on national security and judicial fairness.
A Bench comprising Justices A.S. Oka and Ujjal Bhuyan took a decisive step after receiving complaints about the faulty videoconferencing (VC) infrastructure in the Jammu court. Reports suggest that the judge handling the case had previously flagged the inadequacies of the VC system on at least two occasions. Recognizing the importance of uninterrupted communication for a fair trial, the Bench emphasized the need for immediate technological upgrades.
Supreme Courts Issues directives for High Courts
The Supreme Court’s intervention involved specific instructions to the Registrar Generals of the High Court of Jammu and Kashmir and Ladakh and the Delhi High Court: The Registrar General was tasked with verifying and promptly upgrading the VC system in the court. The Delhi High Court’s Registrar was directed to inspect the videoconferencing setup within Tihar Jail to ensure it met the required standards for a smooth trial process. Both officials have been asked to submit their respective reports to the apex court by February 18, 2025, marking a clear deadline for action.
The ongoing trial has been fraught with logistical and security challenges. The Central Bureau of Investigation (CBI) has sought the transfer of the case from Jammu to Delhi, citing safety risks and procedural hurdles.
Solicitor General Tushar Mehta, representing the CBI, expressed grave concerns over Malik’s insistence on traveling to Jammu to cross-examine witnesses personally. This, he argued, posed a significant security threat. Mr. Mehta also highlighted Malik’s refusal to use the VC facilities, labeling it as a tactic to manipulate judicial proceedings.
Accusations Against Yasin Malik
The Solicitor General did not mince words when describing Malik’s alleged associations and motives: Malik has been accused of maintaining contact with Hafiz Saeed, the Pakistani militant and founder of the terrorist organization Lashkar-e-Taiba. His actions were portrayed as an attempt to prolong the trial and create disruptions rather than seek justice.
During an earlier hearing, Justice Oka underscored the judiciary’s commitment to fair trials, citing the example of Ajmal Kasab, the 26/11 Mumbai attack terrorist, who was afforded due process despite his heinous crimes. The judge’s remarks came in response to Mr. Mehta’s argument that Malik’s case was different, given his alleged terrorist links and political influence.
The debate over Malik’s physical presence at the trial has been contentious. In July 2024, a misunderstanding of a judicial order by Tihar Jail authorities led to Malik’s physical appearance in the Supreme Court, sparking widespread criticism and sharp reactions from the Bench. Subsequently, the Supreme Court stayed the Jammu Special Court’s order permitting Malik’s physical attendance at the trial.
The Supreme Court has scheduled the next hearing for February 21, 2025, signaling its intent to resolve the matter expeditiously. The apex court’s directives aim to strike a balance between ensuring judicial fairness and addressing security concerns, a challenge that has defined this high-profile trial.
This case has broader implications for India’s judicial system and its handling of sensitive matters involving national security and individual rights. The emphasis on technological infrastructure highlights the judiciary’s recognition of modern tools as essential for justice delivery.