The Delhi High Court has called upon the National Investigation Agency (NIA) to justify its decision to deny virtual ‘e-mulakat’ visits to prisoners involved in terror funding cases, despite allowing physical interactions with their families. Justice Sanjeev Narula highlighted the inconsistency in the requirement of a no-objection certificate (NOC) from the investigating agency for virtual visits but not for physical ones, questioning the rationale behind such a rule.
During Tuesday’s court session, the NIA’s counsel argued that the language barrier during virtual meetings poses a challenge as prisoners often converse in their local dialects, which could potentially allow them to influence or threaten witnesses. Advocate Shweta Singh, representing the NIA, expressed concerns about the powerful local influence of the accused and the serious risks of witness tampering.
In contrast, Advocate M S Khan, representing the petitioners Jamir and Masasasong, proposed that conversations during virtual visits could be recorded to alleviate security concerns, even suggesting the deployment of translators to facilitate monitoring.
The court’s inquiry stems from a circular issued by prison authorities, which restricts communication facilities under Rule 631 of the Delhi Prison Rules, applicable to those charged with offenses against the state or involved in terrorist activities. This rule requires an NOC for privileged communication methods like phone calls or virtual visits, reserved for high-risk prisoners.
Masasasong AO and Alema Jamir, both lodged in Tihar jail under charges of terror funding, have challenged this circular, arguing that it abruptly ended their access to e-mulakat and telephone calls, infringing on their fundamental rights under Article 21 of the Constitution.
In an interim order, the court granted Masasasong a single virtual meeting with his family, arranged by jail authorities, to occur after two weeks. Furthermore, it has allowed him regular phone contact with his minor children. Meanwhile, specific procedures were established for Jamir to facilitate potential communication, pending NIA verification.
