Delhi HC seeks NIA stand after separatist leader seeks call facility in jail

The Delhi High Court on Monday sought the stand of Tihar jail authorities and the NIA on a plea by separatist leader Nayeem Ahmad Khan against the withdrawal of call and “e-mulaqat” facilities in Tihar.

Justice Sachin Datta issued notice to the NIA and Tihar prison authorities for their responses.

Advocate Tara Narula, appearing for the petitioner, argued telephone facilities were “arbitrarily” withdrawn starting November 2023 under the pretext that National Investigation Agency (NIA) did not provide a no objection certificate.

Khan, arrested in July 2017, is in jail as an undertrial prisoner in a terror-funding case involving 26/11 Mumbai attack mastermind Hafiz Saeed.

The court questioned the NIA counsel over the denial of the facility given there were enough safeguards like recording the call.

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The NIA counsel said the agency would file its response.

In his plea, Khan said there was no reason to deny him the facility, provided to other inmates under the Delhi Prison Rules.

“The petitioner was earlier lodged in Central Jail 8/9, Tihar Jail, for nearly six years where he was allowed to avail the IPCS and e-mulaqat facilities. However, on shifting to Central Jail 3, Tihar Jail around end of 2023, the petitioner lost his right to avail the said facilities. It is pertinent to note that respondent 4 has arbitrarily withdrawn the facilities under the pretext that respondent 5 did not provide a ‘no objection certificate’,” the plea said.

The plea alleged the NIA did not assign any reason for refusing the NOC and the circulars imposed an “arbitrary and unreasonable blanket restriction” on the fundamental rights of the undertrial prisoner to communicate with the family members once a week if no approval was given by the agency.

The petitioner, therefore, prayed for a direction to the authorities to “completely restore” the facilities.

The matter would be heard on March 18.

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