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The Delhi High Court on Monday issued notices to the National Investigation Agency (NIA) and Tihar jail authorities following a plea by separatist leader Nayeem Ahmad Khan. The plea challenges the withdrawal of call and e-mulaqat facilities for him in Tihar Jail.
Court Directs Authorities to Respond
Justice Sachin Datta sought responses from the NIA and Tihar prison authorities after Advocate Tara Narula, representing the petitioner, argued that the telephone facilities were arbitrarily withdrawn in November 2023. The reason cited for the withdrawal was the lack of a No Objection Certificate (NOC) from the NIA.
Khan, arrested in July 2017, is an undertrial prisoner in a terror-funding case involving Hafiz Saeed, the mastermind behind the 26/11 Mumbai attacks. He had been allowed to use call and e-mulaqat facilities in Central Jail 8/9 for nearly six years before being shifted to Central Jail 3, where the facilities were revoked.
Petitioner’s Arguments
The petitioner’s counsel contended that denying these facilities was arbitrary and unreasonable, especially since other inmates continued to have access under the Delhi Prison Rules. The plea stated, “The facilities were withdrawn under the pretext that the NIA did not provide a ‘no objection certificate,’ but no valid reason was assigned for the refusal.”
The court questioned the NIA counsel about the rationale for denying the facilities despite the presence of safeguards, such as call recordings. The NIA counsel assured the court that the agency would file a formal response.
Petitioner’s Plea
The plea emphasized that communication with family members is a fundamental right and urged the court to direct the jail authorities to fully restore the call and e-mulaqat facilities. The petitioner highlighted that once-weekly communication with family should be allowed even without explicit NIA approval.
The matter has been listed for a detailed hearing on March 18, when the court will further examine the NIA’s response and the petitioner’s claims.
The case underscores the importance of balancing security concerns with the rights of undertrial prisoners. The court’s decision will likely have implications for the management of inmate communication in high-security cases.
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