The Supreme Court on Friday was shocked to see Jammu and Kashmir Liberation Front (JKLF) commander, Yasin Malik, ready to appear before it as it noted that there was no such order passed by the top court asking him to appear in person.
The Central government also expressed concern over the physical appearance of Yasin Malik, in the Supreme Court.
Yasin Malik, who is serving life sentence in Tihar Jail after being convicted in a terror funding case, was to be presented before the top court for a hearing on a CBI plea against Jammu court order.
Appearing for Centre, Solicitor General Tushar Mehta, apprised the court that there was no order passed by the top court that Yasin Malik has to be presented before the Supreme Court physically in the matter.
A bench of justices, Surya Kant and Dipankar Datta, recused from hearing the matter but noted that there was no such order passed by it asking Yasin Malik to present before it.
Solicitor General Tushar Mehta apprised the top court that the Ministry of Home Affairs has issued direction that he would not be brought out from jail.
Coincidentally he was presented before the top court today to attend the CBI plea against Jammu Court. Additional Solicitor General SV Raju called it a serious security issue.
The top court also remarked there are virtual modes available for appearance in the court.
Justice Kant listed the matter after four weeks and said that let it be heard by another bench in which Justice Datta is not a member of the bench.
CBI has filed an appeal against the order of Additional Sessions Judge, Jammu(TADA/POTA) dated September 20 and September 21 issuing a production warrant against him in two different cases.
Jammu Court has sought Malik’s physical appearance for cross-examination of witnesses in relation to the killing of four Indian Air Force (IAF) personnel and abduction of Rubaiya Sayeed, daughter of Mufti Muhammad Sayeed in 1989. However, the top court in the last hearing stayed the Jammu’s court order.
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