Yasin Malik case: "Fully functional court in jail with video-conferencing facilities," Solicitor General informs SC

New Delhi [India], Nov 28: Solicitor General Tushar Mehta on Thursday informed the Supreme Court that a fully functional court exists in the Tihar jail with all the facilities of video conferencing if required.

This comes after the Supreme Court suggested on November 21 to explore setting up a makeshift courtroom in jail for conducting a trial against terror convict Yasin Malik in two cases related to abduction and murder.

Solicitor General Tushar Mehta informed the bench of justices Abhay S. Oka and Augustine George Masih that a "fully functional court exists in the jail with all the facilities of video conferencing if required and in the past proceedings have taken place there."

SG Mehta also apprised the top court that it has filed two fresh applications, one for the modification and the other for the transfer of the matter.

The top court issued notice to the concerned respondents on the applications and also made the other co-accused party in the case. The top court listed the matter in December for further hearing.

The court observation came when it was hearing the Central Bureau of Investigation's (CBI) plea against the Jammu court's order calling for Malik's physical presence in trial proceedings.

Solicitor General Tushar Mehta had said that the central agency does not wish to take Malik, who is at present at Tihar Jail in Delhi, to Jammu and Kashmir due to security reasons. He also presented a photograph where Malik was seen sharing dias with Hafiz Saeed and said he is not an ordinary criminal.

The top court had permitted the CBI to implead all the accused in the case as respondents in the petition and posted the matter for hearing next week.

CBI has filed an appeal against the order of Additional Sessions Judge Jammu (TADA/POTA) dated September 20 and September 21, issuing a production warrant against him in two different cases.

Jammu Court has sought Malik's physical appearance for cross-examination of witnesses in relation to the killing of four IAF personnel and abduction of Rubaiya Sayeed, daughter of Mufti Muhammad Sayeed in 1989. However, the top court in the last hearing stayed Jammu's court order.

Earlier, Solicitor General Tushar Mehta expressed his concern over Yasin Malik's presence in the Supreme Court and wrote a letter to the Home Secretary stating that Yasin Malik's presence in the Supreme Court was a serious security lapse raising apprehension that he could have escaped,  forcibly taken away or could have been killed.

In the letter, it was mentioned about an order passed by the Ministry of Home Affairs with regard to the said Yasin Malik under section 268 Criminal Code of Procedure which prevents the jail authorities to bring the said convict out of the jail premises for security reasons.