In a key development, the Supreme Court of India on February 21, 2025, postponed the hearing on the CBI's plea to transfer JKLF chairman Yasin Malik's trial from Jammu to Tihar Jail. The court scheduled the next hearing for March 7, 2025, and directed Malik to participate via video conferencing (VC) instead of physical appearance.

The decision comes amid heightened security concerns as Malik, who is facing serious terrorism charges, is currently lodged in Tihar Jail following his 2023 conviction in a terror-funding case.

CBI’s Plea: Transfer of Trial to Tihar Jail

The Central Bureau of Investigation (CBI) has been pushing to shift Malik’s trial proceedings from Jammu to within Tihar Jail. The agency argues that:

• Transporting Malik from Delhi to Jammu could lead to potential unrest in Jammu and Kashmir.
• His movement could pose serious security threats for both Malik and the witnesses in the case.
• Tihar Jail has adequate legal infrastructure to conduct fair proceedings.

However, the Jammu TADA Court, which is handling the case, had earlier summoned Malik for a personal appearance—a move the CBI opposed in the Supreme Court.

Why Is Yasin Malik on Trial?

Yasin Malik, a former militant leader of the banned Jammu Kashmir Liberation Front (JKLF), is facing multiple high-profile charges, including:

1. The 1990 murder of four Indian Air Force (IAF) personnel in Srinagar.
2. The 1989 abduction of Rubaiya Sayeed, daughter of former J&K Home Minister Mufti Mohammad Sayeed.

Malik, a key figure in separatist politics in Kashmir, had long positioned himself as a peaceful political activist. However, he was convicted in 2023 under the Unlawful Activities (Prevention) Act (UAPA) for funding terrorist activities and sentenced to life imprisonment.

Rubaiya Sayeed Kidnapping Case: A Turning Point

One of the biggest charges against Malik is his alleged involvement in the kidnapping of Rubaiya Sayeed in 1989. At the time, Mufti Mohammad Sayeed was the Home Minister of India, and his daughter's abduction led to a major security crisis.

• Rubaiya was released after five days when the Indian government freed five terrorists in exchange.
• The CBI took over the case in the 1990s, and Rubaiya later identified Yasin Malik as one of her abductors.
• She is now a prosecution witness in the case and currently resides in Tamil Nadu.

TADA Court Summons and Security Concerns

The Terrorist and Disruptive Activities (TADA) court in Jammu had summoned Malik to appear in person for his trial. However, the CBI strongly opposed this move, arguing that:

• His travel could trigger unrest in Jammu and Kashmir.
• There were high-security risks involved.
• It could intimidate witnesses, some of whom have already testified against him.

In response to these concerns, the Supreme Court deferred the hearing to March 7 and directed Malik to attend proceedings via video conferencing instead of appearing physically.

Supreme Court’s Balancing Act: Fair Trial vs. Security Risks

The Supreme Court’s decision to allow a VC appearance aims to balance two critical aspects:

1. Security considerations, ensuring Malik’s movement does not lead to disruptions or threats to public safety.
2. Fair trial rights, ensuring that Malik has the opportunity to present his defense effectively.

While full trial facilities are available at Tihar Jail, the court also recognized the need to hear Malik’s arguments before deciding on the venue of the trial.

Next Steps: What Happens on March 7?

• The Supreme Court will hear arguments from both sides on the CBI’s request to shift the trial to Tihar Jail.
• Malik’s legal team is expected to oppose the transfer, insisting on a trial in Jammu.
• The court will have to weigh security concerns against legal fairness before making a final ruling.

Conclusion

The postponement of Yasin Malik’s trial hearing to March 7 and the Supreme Court’s decision to allow video conferencing participation highlights the legal and security complexities surrounding the case.

With Malik already serving a life sentence in Tihar Jail for terror funding, the outcome of this case—involving the 1990 IAF killings and the 1989 Rubaiya Sayeed kidnapping—will be crucial for both the legal system and Kashmir’s security landscape.

The Upcoming IPOs in this week and coming weeks are Nukleus Office, Shreenath Paper.

The Current active IPO are Beezaasan Explotech, Swasth Foodtech, HP Telecom India.

Start your Stock Market Journey and Apply in IPO by Opening Free Demat Account in Choice Broking FinX.

Join our Trading with CA Abhay Telegram Channel for regular Stock Market Trading and Investment Calls by CA Abhay Varn - SEBI Registered Research Analyst.

Join our Finance Saathi Telegram Channel for Regular Share Market, News & IPO Update.