'Even Ajmal Kasab was given a fair trial': SC remarks in Yasin Malik case
New Delhi, Nov 21: Even Ajmal Kasab was given a fair trial in our country, the Supreme Court on Thursday remarked and indicated it may set up a courtroom inside Tihar Jail for the trial of J&K separatist leader Yasin Malik in a kidnapping case.
A bench of Justices Abhay S Oka and Augustine George Masih was hearing a CBI plea against the September 20, 2022 order of a Jammu trial court that directed Malik, serving life term in Tihar jail, to be produced before it physically to cross-examine the prosecution witnesses in the kidnapping case of Rubaiya Sayeed, daughter of politician Mufti Mohammad Sayeed.
The bench, however, 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."
Kasab, the lone Pakistani gunman caught alive after the Mumbai terror attack, was hanged till death at the Yerawada Central Prison .
The bench told Solicitor General Tushar Mehta, representing the CBI, to take instructions on the total number of witnesses in the case.
Mehta pointed out security concerns and said Malik couldn't be taken to Jammu for the trial.
The law officer accused Malik of "playing tricks" for having asked to appear personally and not engaging a lawyer. Mehta said Malik was not an ordinary criminal and showed a purported photograph of Malik sharing the dais with terrorist Hafiz Saeed.
The top court said it could order trial to take place inside the jail premises and ask the judge to come to the national capital for the proceedings.
The bench, however, noted all the accused persons in the matter had to be heard before it passes an order.
Mehta said Malik appearing in the Supreme Court physically raised security concerns previously.
The bench said Malik could be allowed to appear virtually in the apex court proceedings and posted the matter on November 28.
The CBI in the meantime was directed to amend its petition and implead all accused persons as respondents.
In 2023, Mehta wrote to then Union Home Secretary Ajay Kumar Bhalla flagging a "serious security lapse" after Malik was brought to the Supreme Court to appear in a case.
Malik, serving life sentence in a terror-funding case, was brought to the high-security apex court premises in a prison van escorted by armed security personnel without the court's permission.
Expressing surprise at his presence, Mehta informed the apex court there was a procedure for high-risk convicts to be allowed into the courtroom to argue their case personally.
The CBI said Malik, the top leader of the Jammu and Kashmir Liberation Front (JKLF), was a threat to national security and cannot be allowed to be taken outside the Tihar jail premises.
The apex court on April 24, 2023, issued notices on the CBI's appeal following which the incarcerated JKLF chief wrote a letter to the registrar of the Supreme Court on May 26, 2023 seeking permission to appear in person to plead his case.
An assistant registrar took up his request on July 18, 2023 and said the apex court would pass necessary orders -- a decision the Tihar Jail authorities reportedly misconstrued to allow Malik to appear and argue his case.
Mehta referred to the CBI's contention in its appeal against the trial court order to bring Malik to Jammu for the in-person examination of the witnesses in the kidnapping case, and said under Section 268 of the CrPC a state government may direct certain people to not be shifted from the confines of a prison.
On September 20, 2022, a special TADA court in Jammu directed Malik to be physically produced before it on the next hearing for him to cross-examine prosecution witnesses in the kidnapping case.
The CBI challenged the trial court order before the Supreme Court as appeals in TADA cases are only heard by the top court.
Rubaiya was abducted near Lal Ded Hospital in Srinagar on December 8, 1989 and freed five days later after the then BJP-backed V P Singh government at the Centre released five terrorists in exchange.
Mufti, who now lives in Tamil Nadu, is a prosecution witness of the CBI, which took over the case in early 1990s.
Malik is lodged in Tihar jail after he was sentenced by a special NIA court in May, 2023 in a terror-funding case.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
London, Nov 22: A bomb disposal squad deployed as a “precaution” to the South Terminal of Gatwick Airport concluded an investigation into a "security incident" on Friday after making a “suspect package” safe.
The South Terminal of Gatwick Airport, the UK's second busiest airport after Heathrow, which was briefly shut owing to the incident reopened following the incident.
The Gatwick is around 45 km south of London.
Two people detained during the enquiries have since been allowed to continue their journey as the airport was opened.
“Police have concluded their investigation into a report of a suspect package at Gatwick Airport. Officers from the EOD (Explosive Ordnance Disposal) team made the package safe, and the airport has been handed back to its operator,” Sussex Police said in an updated statement.
“Two people detained while enquiries were ongoing have subsequently been allowed to continue their journeys. There will remain an increased police presence in the area to assist with passengers accessing the South Terminal for onward travel,” the statement added.
Earlier on Friday, the incident caused severe disruption at the busy airport’s South Terminal, while the North Terminal of Gatwick Airport remained unaffected.
“Police were called to the South Terminal at Gatwick Airport at 8.20 am on Friday (November 22) following the discovery of a suspected prohibited item in luggage,” a Sussex Police statement said.
“To ensure the safety of the public, staff and other airport users, a security cordon has been put in place whilst the matter is dealt with. As a precaution, an EOD (Explosive Ordnance Disposal) team is being deployed to the airport. This is causing significant disruption and some roads around the South Terminal have been closed. We’d advise the public to avoid the area where possible,” it said.
Footage on social media taken outside the airport showed crowds of frustrated travellers being moved away from the terminal building.
Gatwick said it was working hard to resolve the issue.
“A large part of the South Terminal has been evacuated as a precaution while we continue to investigate a security incident," the airport said in a social media post.
“Passengers will not be able to enter the South Terminal while this is ongoing. The safety and security of our passengers and staff remain our top priority. We are working hard to resolve the issue as quickly as possible.”
Train and bus services that serve the airport were also impacted while the police carried out their inquiries.
In an unrelated incident in south London on Friday morning, the US Embassy area in Nine Elms by the River Thames was the scene of a controlled explosion by Scotland Yard dealing with what they believe may have been a “hoax device”.
“We can confirm the 'loud bang' reported in the area a short time ago was a controlled explosion carried out by officers,” the Metropolitan Police said in a post on X.
“Initial indications are that the item was a hoax device. An investigation will now follow. Some cordons will remain in place for the time being but the majority of the police response will now be stood down,” it added.
