New Delhi: The Supreme Court on Friday was stunned following the Jammu and Kashmir Liberation Front (JKLF) commander, Yasin Malik appeared before it in person as it also noted that the top court has not passed any order asking him to appear in person.
However, the Central government has raised concerns about the physical appearance of JKLF commander Yasin Malik in the top court.
Yasin Malik, who is convicted in a terror funding case and serving a life sentence in Tihar Jail, was scheduled to be presented before the apex court for a hearing on a CBI plea challenging a Jammu court order.
Solicitor General Tushar Mehta, representing the Centre, informed the court that there was no order from the top court mandating Yasin Malik’s physical presence in the matter.
Despite this, Yasin Malik was coincidentally presented before the top court to attend the CBI plea against the Jammu Court’s decision.
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Additional Solicitor General SV Raju highlighted this as a serious security issue.
The bench of justices, Surya Kant and Dipankar Datta, recused themselves from hearing the matter but clarified that there was no directive from them to summon Yasin Malik.
Solicitor General Tushar Mehta also informed the court that the Ministry of Home Affairs had directed not to bring Yasin Malik out from jail.
The top court emphasized that virtual modes of appearance are available for court proceedings, indicating that Yasin Malik’s physical presence was not necessary.
Justice Kant listed the matter for a hearing after four weeks and suggested that it be heard by another bench without Justice Datta.
The CBI had filed an appeal against the order of Additional Sessions Judge, Jammu (TADA/POTA), which issued a production warrant against Yasin Malik in two different cases.
The Jammu Court had sought Malik’s physical appearance for the cross-examination of witnesses related to the killing of four Indian Air Force personnel and the abduction of Rubaiya Sayeed, daughter of Mufti Muhammad Sayeed, in 1989.
Meanwhile, in the last hearing, the top court had stayed the Jammu court’s order.