The Delhi High Court on Monday called for an explanation from Tihar Jail authorities and the National Investigation Agency (NIA) regarding the revocation of communication privileges for separatist leader Nayeem Ahmad Khan. Justice Sachin Datta issued notices seeking detailed responses after Khan contested the removal of his telephone and “e-mulaqat” (electronic meeting) facilities.
Represented by advocate Tara Narula, Khan argued that the withdrawal of these facilities in November 2023 was arbitrary, citing the lack of a no objection certificate from the NIA as a pretext used to justify this action. Khan, who has been incarcerated since July 2017 as an undertrial in a terror funding case linked to 26/11 Mumbai attack mastermind Hafiz Saeed, contends that the denial lacks substantive justification.
During the proceedings, the court scrutinized the NIA’s rationale behind the denial of facilities, especially considering that calls can be recorded as a safeguard. The NIA’s counsel assured the court that a formal response would be forthcoming.
Khan’s plea emphasized that while previously incarcerated in Central Jail 8/9 at Tihar, he had consistent access to both IPCS and e-mulaqat facilities for nearly six years. However, following his transfer to Central Jail 3 towards the end of 2023, these facilities were abruptly withdrawn. The plea criticizes this move as a violation of the rights afforded to inmates under the Delhi Prison Rules, arguing there was no valid reason provided by the NIA for withholding the necessary clearance.
Furthermore, the petition highlighted that this blanket restriction infringes upon the fundamental rights of the undertrial prisoner to maintain contact with family members, a provision typically granted once a week unless specifically disallowed by the agency.
