'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.
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Rajnath, Shah, other Union ministers change social media profile photos to 'Op Sindoor' logo
New Delhi (PTI): Defence Minister Rajnath Singh, Home Minister Amit Shah, External Affairs Minister S Jaishankar and other top ministers on Thursday changed the display pictures on their social media profiles to mark the first anniversary of Operation Sindoor following a call by Prime Minister Narendra Modi.
The prime minister, earlier in the day, shared a digital poster depicting the now widely recognised logo of Operation Sindoor and urged others to do the same as a mark of respect to the armed forces.
Operation Sindoor was launched in response to the deadly Pahalgam terror attack, with Indian forces conducting precision strikes on multiple terror infrastructure in Pakistan and Pakistan-Occupied-Kashmir (PoK).
After launching the military operation, the Indian Army, in a post on X, at 1:51 am on May 7 had said, "Justice is served. Jai Hind!"
On its first anniversary, the Indian military on Thursday said, Operation Sindoor -- "precise in action, eternal in memory" -- reflected the country's determination to defend its sovereignty with courage, coordination and strength.
The Army, the Navy, the Indian Air Force, the Headquarters Integrated Defence Staff (HQ IDS) and the defence ministry also updated the display pictures on their social media profiles to mark the anniversary.
Defence Minister Singh, while updating his profile photo on X, said Operation Sindoor stands as a "powerful symbol" of national resolve and preparedness, and that their actions reflected unmatched precision, and set a "benchmark" for modern military operations.
"On the anniversary of Operation Sindoor, we salute the valour and sacrifices of our armed forces, whose courage and dedication continue to safeguard the nation. Their actions during the operation reflected unmatched precision, seamless jointness and deep synergy across services, setting a benchmark for modern military operations," he wrote.
"Operation Sindoor stands as a powerful symbol of national resolve and preparedness, showing that our armed forces are always ready to act decisively when it matters most. It also stands testament to India’s steady advance towards achieving #Atmanirbharta, enhancing capability while reinforcing resilience," he added.
The Ministry of External Affairs, led by its minister Jaishankar, also marked the anniversary, and reasserted and amplified India's diplomatic stand on this operation.
"A year ago, #OperationSindoor demonstrated the nation's resolve to defend itself against cross-border terrorism from Pakistan. With its decisive actions, India ensured accountability for terrorist actions. And underlined that such a serious threat to peace and security will be effectively countered. Under the leadership of PM @narendramodi, India stands strong and determined to convey a message of zero tolerance for terrorism," the EAM posted on X.
Earlier in a separate post, Jaishankar too changed his profile picture and posted an image of the Operation Sindoor logo on the timeline.
Home Minister Shah, in a post on X, said, "Operation Sindoor stands as an epochal mission of India that will always remind our enemies of the infallible striking power of our armed forces."
After Indian forces had launched the operation in the early hours of May 7, Pakistan later also launched offensives against India, and all subsequent counter-offensives by India were also carried out under Operation Sindoor.
The military conflict between the two nuclear-armed neighbours, lasting nearly 88 hours, halted after they reached an understanding on the evening of May 10.
Union Culture and Tourism Minister Gajendra Singh Shekhawat, Education Minister Dharmendra Pradhan, Railway Minister Ashwini Vaishnav, Environment Minister Bhupendra Yadav, Women and Child Development Annapurna Devi and Jal Shakti Minister C R Paatil too updated their profile photos.
The Indian Army in an early morning post wrote, "#OperationSindoor India's resolute response calibrated and precise. Committed to safeguarding sovereignty and its people. #JusticeServed Jai Hind".
It also shared a video clip encapsulating the circumstances that led to the decisive military action in the early hours of May 7 last year, as well as some footage offering a glimpse to the military might of India.
"India will identify, track and punish every terrorist and their backers," PM Modi had earlier said in his address, whose excerpt is part of the widely shared clip.
Recalling the military action launched on the intervening night of May 6-7, the Indian Air Force put out the anniversary post on X at 1:05 AM.
"Operation Sindoor Justice served. Precise in action, eternal in memory-Operation Sindoor continues. India forgets nothing-India forgives nothing. #operation #Sindoor #operationsindoor #IAF," the IAF posted.
The Headquarters Integrated Defence Staff (HQ IDS) also posted the anniversary message at 1:05 AM, saying, "Symbol of national resolve #OpSindoor JAI HIND #OpSindoor #indianarmedforces #NationalSecurity".
The Indian embassies in the US, the UK, Spain, France, Germany and Italy also updated their display pictures on their social media profiles.
The embassies in France, Germany, Spain and Italy posted on X in French, German and Italian, amplifying the message of the Indian leadership on Operation Sindoor's anniversary in the respective countries.
The Indian Embassy in the UK posted on X, "One year of #OperationSindoor A tribute to India’s resolve, unity, and unwavering stand against terrorism. Saluting the courage and sacrifice of our armed forces who protect the nation with pride and honor. #OpSindoor #IndiaAgainstTerrorism #IndianArmedForces #NationalSecurity #IndiaFirst #SaluteOurForces #JaiHind #OperationSindoorContinues".
The Indian embassy in Israel also changed its profile photo on X and reposted PM Modi's post, and the X account of the embassy in Iran too changed the display picture to the logo of Operation Sindoor.
The Indian Navy in an early morning post on X said Operation Sindoor reflected India's determination to defend its sovereignty with courage and strength.
"Nation's Resolve. Forces United In moments that test a nation's will, the Indian Defence Forces stand united - resolute in purpose, precise in action and unwavering in commitment. #OperationSindoor reflects India's determination to defend its sovereignty with courage, coordination and strength. #OpSindoor #NationFirst #IndianNavy @HQ_IDS_India @adgpi @IAF_MCC," the Navy posted and changed its profile photo.
