The Supreme Court, the Solicitor General, and the Central Bureau of Investigation (CBI) expressed shock on Friday over a serious security lapse by Tihar jail authorities and security agencies when convicted terrorist Yasin Malik was physically produced in the SC, instead of appearing through virtual mode.
Justices Surya Kant and Dipankar Datta expressed their surprise as there was no specific instruction for Malik’s physical appearance.
Malik, a Kashmiri separatist leader, arrived in the apex court to defend himself in a case filed by the CBI related to the killing of Air Force officers and the kidnapping of Rubaiya Sayeed. He filed an appeal against a Jammu Court order for his virtual appearance in the proceedings.
Justice Dipankar Datta recused himself from hearing the case involving Malik’s physical production in a Jammu court to stand trial in kidnapping and murder cases.
Solicitor General Tushar Mehta strongly objected to Malik’s presence in the Supreme Court, pointing out that the procedure requires approval from the Registrar of the Court for such appearances. Mehta rebuked the jail officials present in court for allowing Malik to appear physically and informed the Bench that Section 268 of the Criminal Procedure Code, which empowers the Government to keep convicts of serious offenses in prison, applies to him.
Mehta stated that the Central Government would take necessary steps to ensure that Malik is not let out of jail again. He later wrote to Union Home Secretary Ajay Bhalla, expressing displeasure and requesting immediate action to address this “serious lapse” of security. Mehta highlighted that the security of the Supreme Court was put at risk when Yasin Malik was brought in physically, stating that there were potential risks of him escaping, being forcibly taken away, or even killed.
CBI officials condemned the decision to allow Malik’s physical presence in court, stating that it was a sheer violation of security, and the jail authorities acted “callously.” The Supreme Court ordered Malik’s return to prison, and the next hearing in the case is scheduled after four weeks.