The Delhi High Court recently affirmed the restrictions on telephonic and electronic communication for prisoners facing charges under stringent laws like the Maharashtra Control of Organised Crime Act (MCOCA) and terrorism-related offenses, declaring such measures as non-arbitrary in the context of public safety and order.
A bench comprising former acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela referenced Rule 631 of the Delhi Prison Rules, 2018, in their decision. This rule stipulates that prisoners implicated in serious offenses, including those against the state and public safety, are not entitled to regular telephonic and electronic communication privileges. The judges stated that such restrictions are designed to prevent any compromise in public safety and, as such, are not arbitrary or unreasonable.
The ruling came during the hearing of a plea by Syed Ahmad Shakeel, a prisoner lodged in Tihar Jail under MCOCA charges, who challenged the constitutionality of Rule 631. Shakeel’s counsel highlighted a change in the communication policy whereby prisoners previously entitled to five calls per week are now restricted to just one, arguing that this disparity among prisoners on the frequency of allowed communication was both arbitrary and unreasonable.
Further complicating matters, the counsel noted that since April 2024, Shakeel had been unable to contact his family, underscoring the impact of the restrictive communication policy on the rights of prisoners.
The High Court’s ruling emphasized that the denial of communication facilities under Rule 631 is not absolute but is subject to the discretion of the jail superintendent, based on guidance from the deputy inspector general (range). The court acknowledged that in cases where it does not jeopardize public safety, the regulation provides flexibility to allow communication facilities even to those involved in serious offenses.
