A bench of Justices Abhay S Oka and Augustine George Masih was hearing a CBI plea against the September 20, 2022 order of a Jammu trial court that directed Malik, serving life term in Tihar jail, to be produced before it physically to cross-examine the prosecution witnesses in the kidnapping case of Rubaiya Sayeed, daughter of politician Mufti Mohammad Sayeed.
The bench, however, remarked, “How will cross-examination be done online? There is hardly any connectivity in Jammu… In our country, a fair trial was given even to Ajmal Kasab and legal assistance was given to him in the high court.” The bench told Solicitor General Tushar Mehta, representing the CBI, to take instructions on the total number of witnesses in the case.
Mehta pointed out security concerns and said Malik couldn’t be taken to Jammu for the trial.
The law officer accused Malik of “playing tricks” for having asked to appear personally and not engaging a lawyer. Mehta said Malik was not an ordinary criminal and showed a purported photograph of Malik sharing the dais with terrorist Hafiz Saeed.
The top court said it could order trial to take place inside the jail besides asking the judge to come to the national capital for the proceedings.
The bench, however, noted all the accused persons in the matter had to be heard before it passes an order. Mehta said Malik physically appearing in the Supreme Court had raised security concerns previously.
The bench said Malik could be allowed to appear virtually in the apex court proceedings and posted the matter on November 28.
The CBI in the meantime has been directed to amend its petition and implead all accused persons as respondents.
In 2023, Mehta wrote to then Union Home Secretary Ajay Kumar Bhalla flagging a “serious security lapse” after Malik was brought to the Supreme Court to appear in a case. Malik, serving life sentence in a terror-funding case, was brought to the high-security apex court premises in a prison van escorted by armed security personnel without the court’s permission.