Rap on knuckles
In a significant rebuke to creeping gubernatorial arrogance, the Supreme Court has finally placed a constitutional mirror before the conduct of some of India’s Governors.
The Supreme Court on Wednesday gave separatist leader Yasin Malik and five others two more weeks time to respond to the CBI plea for the transfer of trial in two terror-related cases from Jammu to New Delhi.
Yasin Malik is currently lodged at Delhi’s Tihar Jail and is undergoing life imprisonment.
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A bench of Justice Abhay S Oka and Justice Manmohan gave two more weeks’ time to the separatist leader Yasin Malik and five other accused to file their reply to the investigating agency’s plea for the transfer of trial in two cases as branch noted that the accused have not filed their response to the November 28 notice issued to them by the top court.
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The bench posted the matter for further hearing on January 20, 2025.
One if the two cases relate to the killing of four Indian Air Force personnel on January 25, 1990 in a shootout in Srinagar and other relates to the kidnapping of Rubaiya Sayeed, the daughter of late Union Home minister Mufti Mohammed Sayeed, on December 8, 1989.
Mufti Mohammed Sayeed was Union Home Minister from December 2, 1989 -November 10, 1990.
The Central Bureau of Investigation has approached the Supreme Court against Jammu’s special CBI court’s order directing the presence of the separatist leader in trial proceedings involving the cross-examination of the prosecution witnesses. The investigating agency had said that Malik could be present and participate in the trial court proceedings including the conduct the cross-examination of prosecution witnesses virtually through video conferencing.
However, this did not find favour with the top court on the grounds of the poor internet connectivity in Jammu. Stating that Malik was entitled to a fair trial, the court had indicated setting up of a courtroom in the Tihar Jail itself for the conduct of trial.
The bench had 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.
During November 28, Solicitor General Tushar Mehta had told the court that “There is a fully functional court in (Tihar) Jail itself with all facilities of VC also and in past proceedings have taken place there.”
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