Today, On 10th February, The Delhi High Court asked the National Investigation Agency (NIA) to respond after a separatist leader requested permission to use phone calls in jail. The leader said talking to family is a basic right, but officials raised security concerns. The court has asked the NIA to share its opinion on the issue. A final decision will be taken after reviewing their reply.
New Delhi: The Delhi High Court on Monday requested the positions of Tihar jail authorities and the National Investigation Agency (NIA) concerning a plea by separatist leader Nayeem Ahmad Khan, who is challenging the withdrawal of call and “e-mulaqat” facilities in Tihar.
Justice Sachin Datta issued notices to both the NIA and Tihar prison authorities for their responses.
Advocate Tara Narula, representing the petitioner, argued that the telephone facilities were arbitrarily removed starting in November 2023 under the pretext that the NIA did not provide a no objection certificate.
Khan, who was arrested in July 2017, is currently an undertrial prisoner in a terror-funding case linked to 26/11 Mumbai attack mastermind Hafiz Saeed. The court questioned the NIA counsel regarding the denial of the facilities, noting that there are sufficient safeguards, such as call recording. The NIA counsel indicated that the agency would file its response.
In his plea, Khan stated that there was no justification for denying him the facilities that are available to other inmates under the Delhi Prison Rules.
The plea stated,
“The petitioner was previously housed in Central Jail 8/9, Tihar Jail, for nearly six years where he had access to IPCS and e-mulaqat facilities. However, after being transferred to Central Jail 3, Tihar Jail, around the end of 2023, he lost his right to these facilities. It is important to note that the respondent has arbitrarily withdrawn the facilities under the pretext that the respondent did not provide a ‘no objection certificate,'”
The petition also alleged that the NIA did not provide any reason for refusing the NOC and that the circulars imposed an “arbitrary and unreasonable blanket restriction” on the fundamental rights of the undertrial prisoner to communicate with family members at least once a week if no approval was granted by the agency.
Consequently, the petitioner sought a direction for the authorities to “completely restore” the facilities.
The matter is scheduled for hearing on March 18.
Case Title: Nayeem Ahmad Khan v National Investigation Agency (CRL.A.-118/2023)