The Delhi High Court has issued notices to the Delhi government and the National Investigation Agency (NIA) regarding a plea challenging a recent circular that restricts telephone and virtual meeting (e-mulakat) facilities for certain prisoners. The plea was filed by Masasasong AO, who is accused in a terror funding case, arguing that the circular infringes on fundamental rights and lacks a reasonable justification.
Justice Sanjeev Narula called for a response on the petition that seeks to overturn the circular issued in April, which demands a no-objection certificate from investigating agencies for prisoners to access these communication facilities. This rule affects those charged with serious offenses under various acts including the Maharashtra Control of Organized Crime Act and the National Security Act, typically implicating those in high-security wards.
Masasasong, arrested in February 2020 and currently held in Tihar Jail, previously had permission to contact his minor children daily and is also concerned about his elderly parentsโ health. His lawyer, Advocate M S Khan, highlighted that discontinuing these facilities not only contravenes the Delhi Prison Rules, 2018, but also the purposes these rules serveโmaintaining connections between inmates and their families.
The petition emphasizes that the right to communicate with family and legal counsel is a critical component of the fundamental rights guaranteed under Article 21 of the Indian Constitution. The plea also argues that the circular discriminates against inmates without any reasonable classification or justification, thereby violating their rights.
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Under the contested circular, even inmates previously eligible for these facilities now require approval, introducing delays and additional scrutiny that the petition claims are unnecessary and harmful. A subsequent addendum to the circular states that existing facilities will continue only until an NOC is obtained from the investigating agencies, further complicating access for the affected prisoners.
