On 22nd July 2023, Delhi’s Tihar Central prison authorities took stringent action after a serious security breach occurred on 21st July 2023 when separatist leader Yasin Malik was physically presented in the Supreme Court violating orders. Four officials from Tihar Jail have been suspended in connection with the incident. The suspended officials include one deputy superintendent, two assistant superintendents, and one head warder of jail number 7.
Suspension of Tihar Jail Officials
Delhi prison authorities, led by Director General (Prisons) Sanjay Baniwal, suspended the four Tihar Jail officials after a preliminary investigation pointed to their responsibility for the security lapse. Baniwal ordered a detailed inquiry to determine the extent of the officials’ involvement in the incident. The deputy inspector general (prisons headquarters) Rajiv Singh was assigned the task of conducting the inquiry and submitting a report by Monday.
Director General Sanjay Baniwal stated, “I’ve already ordered a detailed inquiry in the matter to be conducted by deputy inspector general (prisons headquarters) Rajiv Singh to fix the responsibility of erring officials. He has been asked to submit his reports in this connection by Monday as it was a serious lapse on the part of jail officials.”
He added, “We have a clear-cut instruction to produce Malik through video conferencing only. Instead, Malik was produced in person before the court. It’s definitely a gross lapse on our part. The erring officials will not be spared.”
Yasin Malik appearing in court is a major security lapse: Supreme Court
Yasin Malik, who is serving life imprisonment in a terror funding case, made a physical appearance in the Supreme Court despite there being no summon or authorisation from the court for his presence. The apex court, represented by a bench of justices Surya Kant and Dipankar Datta, expressed shock at his presence and recused from hearing the matter as it was not within their expectation. The court emphasised the availability of virtual modes for appearances, indicating that physical presence was unnecessary.
The Supreme Court clarified that it had not issued any orders mandating Yasin Malik’s personal appearance in court. The court expressed shock and surprise at the incident, highlighting the seriousness of the breach in security protocols. The bench of justices Surya Kant and Dipankar Datta stated, “There was no such order passed by the Supreme Court asking Yasin Malik to present before it.”
The case for which Yasin Malik appeared in the Supreme Court
The case in which Yasin Malik appeared physically was related to an appeal filed by the Central Bureau of Investigation (CBI), challenging a September 2022 order passed by a TADA court in Jammu. The order required Malik’s personal presence for cross-examination of witnesses related to the 1990 killing of four Indian Air Force (IAF) personnel in Srinagar and the 1989 abduction of Rubaiya Sayeed, daughter of former Union Minister Mufti Mohammad Sayeed.
The Supreme Court had stayed the Jammu court’s order in April 2023, issuing a notice to the respondents, including Yasin Malik, to appear either in person or through an authorised lawyer. However, the court’s order did not specifically call for Malik’s physical presence. As per home ministry guidelines, all terrorists are required to present via video conferencing when their personal appearance in a hearing is required, and there is a ban on physically transporting to courts as it is a major security risk.
Solicitor General’s Response and Letter to Home Secretary
Solicitor General Tushar Mehta, representing the Centre, expressed serious concerns over the security lapse. He brought to light the Ministry of Home Affairs directive, issued under section 268 of the Criminal Code of Procedure, which prevented Yasin Malik’s physical removal from the jail premises for security reasons.
In a letter addressed to Home Secretary Ajay Bhalla, Mehta expressed his firm view that the incident was a grave security lapse. He emphasised the risks associated with Malik’s presence, given his background as a terrorist and separatist with connections to terror organisations in Pakistan. Mehta stressed that the incident not only jeopardised Malik’s security but also put the Supreme Court’s security at risk.
“It is my firm view that this is a serious security lapse. A person with a terrorist and secessionist background like Mr. Yasin Malik who is not only a convict in a terror funding case but has known connections with terror organisations in Pakistan could have escaped, could have been forcibly taken away or could have been killed,” Solicitor General Mehta stated in the letter.
