NEW DELHI, Feb 10: On Monday, the Delhi High Court requested the positions of Tihar prison authorities and the NIA regarding a petition filed by separatist leader Nayeem Ahmad Khan, challenging the withdrawal of call and “e-mulaqat” privileges in Tihar.
Justice Sachin Datta issued notifications to the NIA and Tihar prison officials for their replies.
Advocate Tara Narula, representing the petitioner, contended that the telephone privileges were taken away “arbitrarily” starting in November 2023, citing that the National Investigation Agency (NIA) had not provided a no objection certificate.
Khan, who was arrested in July 2017, is currently detained as an undertrial in a terror-funding case linked to Hafiz Saeed, the mastermind behind the 26/11 Mumbai attacks.
The court inquired about the NIA counsel regarding the rationale behind the denial of these privileges, noting that there were adequate safeguards in place, such as recording the calls.
The NIA counsel indicated that the agency would submit its response.
In his plea, Khan asserted that there was no justification for denying him the facilities that are available to other inmates per the Delhi Prison Rules.
“The petitioner was previously held in Central Jail 8/9, Tihar Jail, for nearly six years where he utilized the IPCS and e-mulaqat privileges. However, upon being transferred to Central Jail 3, Tihar Jail at the end of 2023, he lost his right to use these services. It is crucial to emphasize that respondent 4 has unjustly revoked these privileges under the excuse that respondent 5 failed to issue a ‘no objection certificate’,” the plea stated.
The plea further alleged that the NIA had not provided a valid reason for withholding the NOC and claimed that the circulars imposed an “arbitrary and unreasonable blanket restriction” on the fundamental right of the undertrial prisoner to communicate with family members weekly if no approval was granted by the agency.
Therefore, the petitioner requested a directive for the authorities to “fully restore” these facilities.
The case is scheduled for a hearing on March 18. (Agencies)
