Years
Hearing the petition of the CBI, he came to demand two high-profile cases to be shifted from Jammu to Delhi. The CBI, opposing Malik’s physical appearance, argued that he was a threat to national security and should not be allowed to go out of Tihar Jail. It also challenged the order of 20 September 2022 of the Jammu Trial Court, which directed Malik to be physically offered to cross -examining the prosecution witnesses in the kidnapping case.
The Supreme Court on Friday dismissed the request to produce Yasin Malik, the head of the Jammu and Kashmir Liberation Front (JKLF), who was jailed, but allowed him to persecute witnesses in cases related to kidnapping and murder. A bench of Justices Abhay S Oka and Ujjal Bhuiyan cited an order of December 2024 by the Center under Section 303 of the Indian Civil Protection (BNSS) and the illegal activities (prevention) Act (UAPA), which bans Malik’s National Capital Region (NCT) for a year outside Delhi. The bench ruled that it was unfair to physically present them in court in view of the prohibition.
The order came to hear the petition of the CBI seeking two high-profile cases from Jammu to Delhi. The CBI, opposing Malik’s physical appearance, argued that he was a threat to national security and should not be allowed to go out of Tihar Jail. It also challenged the order of 20 September 2022 of the Jammu Trial Court, which directed Malik to be physically offered to cross -examining the prosecution witnesses in the kidnapping case.
The Supreme Court considered the report of the registrar (IT) of the Delhi High Court and the Registrar General of Jammu and Kashmir and Ladakh High Court, which confirmed the facility of video-conferencing facility in both Tihar Jail and Jammu Sessions Court. The court said that the Jammu Sessions Court is well equipped for virtual proceedings and admitted Malik’s argument that he did not want to appoint a lawyer to cross -examining witnesses. Citing Section 530 of BNSS, the court emphasized that tests, inquiries and proceedings – including summons and warrants involve and execute – can be operated electronically using video communication.
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