Ensure proper VC facility in Jammu court for Yasin Malik trial: Supreme Court

The Supreme Court on Monday directed the Registrar General of the Jammu and Kashmir & Ladakh High Court to ensure that proper video-conferencing (VC) facilities are available in a Jammu court where the trial of separatist leader Yasin Malik, who is in Tihar Jail, will take place [Central Bureau of Investigation v. Mohd Yasin Malik]..A Bench of Justices Abhay S Oka and Justice Ujjal Bhuyan passed the order after taking note the trial judge's observations that the VC system was not working properly in the Jammu court. "We direct Registrar General of High Court of Jammu and Kashmir to look into what is stated and take immediate steps for installing a proper system through which hearing can be conducted by using video medium or video conference. The system should be such that there can be effective cross examination by using the system," the Court ordered..The Court further directed the Registrar General to submit a report after deputing an expert to examine the newly installed system.The report should be submitted by February 17, the Court ordered while listing the matter for hearing on February 21..The Bench was hearing an appeal filed by the Central Bureau of Investigation (CBI) against a Jammu trial court's order calling for Malik's physical presence in trial proceedings. In April 2023, the top court had stayed the order.The Jammu court had sought Malik's appearance for cross-examination of witnesses in two cases - one concerning the killing of four Indian Air Force (IAF) personnel and the second concerning the abduction of Rubaiya Sayeed, daughter of former Chief Minister Mufti Muhammad Sayeed, in 1989.The CBI, however, challenged this order on the ground that there are security risks involved if Malik were to be moved out of Delhi's Tihar Jail and taken to Jammu. Malik stands convicted in a case under the Unlawful Activities (Prevention) Act (UAPA) after pleading guilty to the charges against him. .In an earlier hearing, the top court had suggested that a makeshift courtroom could be set up in jail to physically cross-examine Malik instead of taking him to Jammu.The Court had also been informed that a fully functional courtroom is already there in Tihar jail, along with VC facilities..Today, Solicitor General (SG) Tushar Mehta submitted that Malik was refusing to appear via VC. "But judge says VC facility is not working properly," the Court remarked..While calling for improvement of the VC facility in the Jammu court, the Bench also ordered inspection of the VC facilities at Tihar Jail."We also direct the Registrar in-charge of IT, Delhi High Court, to visit the jail in Tihar see if whether facilities are good enough to enable the first respondent to cross examine witnesses in the trial," it ordered.