A Bench-led by Justice Abhay S Oka also turned down a request made by Malik who insisted on being physically present in Jammu to cross-examine witnesses.
“This statement (of Mehta) has created a public narrative against me. The Union Government has not listed my organisation as a terrorist organisation under the UAPA. It is pertinent to note that post a unilateral ceasefire in 1994, I was not only provided bail in 32 cases but none of the cases were pursued,” Malik said.
The Bench, however, said it was only concerned with the limited point if he should be allowed to go to Jammu to cross examine witnesses in the case or he should be doing it via video conferencing from Tihar jail.
Asked by the Bench if he wanted to engage a lawyer to represent him, Malik answered in the negative.
The order came on the CBI’s petition challenging a Jammu court’s order for the physical production of Malik to face trial in the case.
The Jammu Special Court has sought Malik’s appearance for cross-examination of witnesses in two cases – the killing of four IAF personnel and abduction of Rubaiya Sayeed, daughter of late Mufti Muhammad Sayeed — a former Chief Minister of erstwhile state of Jammu and Kashmir — in 1989.
The top court had issued notice on the CBI’s petition in April 2023 and stayed the Jammu court’s order.
Describing him as “just not another terrorist”, Solicitor General Tushar Mehta had last month said, “We do not want to take him to Jammu and Kashmir because of the offence in which he has been convicted…The Government cannot go by the book in such cases.”
Noting that even 26/11 Mumbai terror attack case accused Ajmal Kasab was given fair trial in India; the Bench had on November 21 last year suggested setting up a court in jail to cross-examine Malik.
