Terrorist Kasab also got a fair trial, why did the Supreme Court say this on the case related to Yasin Malik?

New Delhi : The Supreme Court on Thursday said that terrorist Ajmal Kasab was also given a fair trial in the country. The apex court said this on a petition related to jailed Kashmiri separatist Yasin Malik. CBI has challenged in the Supreme Court the order to bring Malik from jail to the trial court. Malik is accused of killing four IAF personnel in 1989. A production warrant was issued for Malik’s appearance in the trial of this case, which has been challenged by the CBI. CBI has said in its argument in the Supreme Court that the issue of security is related to Malik’s physical appearance. Tushar Mehta, on behalf of CBI, said that there is a security risk in taking Malik to the trial court in Jammu. For this reason it may not be possible to carry them. Safety of witnesses is also a serious issue in this case.

Questions regarding online cross-examination

The Solicitor General said that Malik is playing tricks. They want him/her to appear in the court without a lawyer. The Solicitor General said that Malik is not an ordinary accused. During this, Justice AS Oka asked that how can cross-examination in any case be conducted online? On this, the Solicitor General said that Malik is not an ordinary accused, he/she has gone to Pakistan many times and has met Hafiz Saeed.

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SG said that there are photographs of Malik with Hafiz Saeed, founder of Lashkar-e-Taiba terrorist organization. he/she has met terrorist Saeed. In such a matter, one cannot proceed further in a bookish manner. During this, Justice Oka said that Ajmal Kasab also got fair trial in our country.

witnesses should be protected

It is noteworthy that Kasab was an accused in the Mumbai attack case who has been given death sentence. The Solicitor General told Justice Oka that witnesses need protection, one witness has been killed. Justice Oka said during this time that if there is an option to conduct trial in jail, then that option can also be explored. All the accused in this case need to be heard before the order.

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Solicitor General Mehta said that Malik has not appointed any lawyer in the present petition also. he/she told that Malik is serving life sentence in Tihar Jail and in another case also he/she was physically produced before the Supreme Court and even then he/she did not hire a lawyer. Due to these reasons security concerns had arisen.

Life imprisonment from NIA court

The top court suggested that Malik could be allowed to attend the Supreme Court hearings through virtual medium. The hearing of the case has been postponed till next Thursday. The Supreme Court has asked the CBI to include all the accused as defendants. It is noteworthy that in May 2022, the NIA Special Court sentenced Malik to life imprisonment after finding him/her guilty on charges of conspiracy, waging war against the state and terrorist funding. NIA has filed a petition in Delhi High Court demanding death penalty for Malik.