Delivering its verdict on Yasin Malik’s bail plea today, the Supreme Court of India hinted at the possibility of providing an exclusive room for the separatist leader within the Tihar jail, Delhi about a kidnap case.

This remark was made when hearing a plea by the CBI where the agency objected to an order issued in September by a Special TADA court operating out of Jammu. The case pertains to the abduction, which took place in 1989, of Rubaiya Sayeed, daughter of former Union Home Minister Mufti Mohammad Sayeed.

Malik, presently under life imprisonment in Tihar jail, was asked by the trial court to personally appear for cross-examination of the prosecution witnesses in the case. The case of Rubaiya Sayeed was kidnapped on 8th December’1989 when she was kidnapped in front of Lal Ded Hospital Srinagar. She was granted freedom five days later when the V P Singh government at the Centre agreed to set free five terrorists to bargain for her life.

While conducting the trial, the bench consisting of Justice Abhay S Oka and Augustine George Masih expressed concerns about the possible cumbersome challenges of conducting the trial online. In this regard, they highlighted the poor connectivity in Jammu, which makes online cross-examination a bit difficult. They upheld the principles in order to ensure a free trial for every person and quoted that even Ajmal Kasab, the 26/11 Mumbai attack convict, was given a free trial and legal aid, including a high court counsel for him.

The decision rendered by the Supreme Court reflected the constitutional principles wherein justice for any accused person should be done and fairness of the course of law. The case is a very special one and it has repercussions not only for Malik but for a cause that is just as important as the fight for the recognition of human rights in the region.

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