Separatist leader Yasin Malik on Friday appeared in person before the Supreme Court, after which Solicitor General Tushar Mehta said that the incident was a serious security lapse, Bar and Bench reported.
The court was hearing an appeal filed by the Central Bureau of Investigation against a Jammu court order calling for Malik’s physical presence during trial proceedings. The trial pertains to the killing of four Indian Air Force personnel and the abduction of Rubaiya Sayeed, the daughter of former Jammu and Kashmir Chief Minister Mufti Mohammed Sayeed, in 1989.
The Jammu and Kashmir Liberation Front leader appeared along with a group of prison staff members before a bench comprising Justices Surya Kant and Dipankar Dutta.
The judges then asked why a life-term convict was appearing before the court in person, The Hindu reported. “He could have appeared through video conferencing without compromising anything,” the court said.
Mehta said that no one can appear in person before the Supreme Court without the permission of the Registrar. “Next time we will ensure that he is not physically present,” he said.
The solicitor general later wrote to Union Home Secretary Ajay Bhalla, saying that the incident was a serious security lapse, as Malik could have escaped or could have been killed.
Mehta said neither had the Supreme Court sought the separatist leader’s physical presence, nor was permission taken from any authority of the court to produce him. He said that the person in charge of Malik’s security said that he was produced in person based on a notice in a general format which is sent to all litigants.
Mehta said that a home ministry order bars authorities from bringing the JKLF leader out of jail for security reasons. He added that the security of the Supreme Court would also have been put at risk if an untoward incident were to have occurred.
The separatist leader had been sentenced to life imprisonment by a National Investigation Agency court in May last year in a case filed under the Unlawful Activities (Prevention) Act.
Malik had pleaded guilty to all charges before the court.
Four Tihar officials suspended
The Department of Delhi Prisons on Saturday suspended four officers in connection with the physical appearance of jailed separatist leader Yasin Malik in the Supreme Court, reported PTI.
Among those suspended were a deputy superintendent, two assistant superintendents and a head warden.
“Detailed enquiry is being conducted by DIG [Deputy Inspector General] Tihar to identify any other officials who may also be responsible for the serious lapse,” a statement by the department said.
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