Separatist Nayeem Khan moves Delhi High Court to restore his call, e-mulaqat facility in Tihar

The Delhi High Court on Monday issued notice to National Investigation Agency (NIA) and Tihar Jail authorities in a petition filed by Kashmiri Separatist leader Nayeem Ahmad Khan challenging the circulars withdrawing his Inmate Phone Call System (IPCS) facility and E-Mulaqat facility in Tihar Jail..Khan was arrested by NIA in 2017 for offences under Unlawful Activities (Prevention) Act, 1967 (UAPA) and Indian Penal Code. He is currently in judicial custody as an undertrial prisoner in Tihar Jail. .Justice Sachin Datta on Monday heard the submissions by Khan and NIA and sought responses from the NIA and the Tihar Jail authorities on the petition. “I will issue notice, you also take instructions. I will examine the rules, I am sure the NIA will take a pragmatic stand,” the Court stated. The matter will be heard on March 18..Khan moved the Court seeking directions to quash four circulars issued by Tihar Jail as being ultra vires Section 49 of the Delhi Prison Act, Rules 629 to 633 of Delhi Prison Rules and aArticles 14, 19 and 21 of the Constitution of India.He prayed that directions be issued to restore Inmate Phone Call System and E-mulaqat facilities denied to him.The petition was filed against the National Investigation Agency, Department of Law, Justice and Legislative Affairs of Delhi, Director General Prisons, Deputy Inspector General and Superintendent of Tihar Jail..The counsel for Khan told the Court that the circulars mandate a no objection certificate (NOC) from NIA for him to avail call and e-mulaqat facility in prison.“The circulars I am aggrieved with require an NOC from NIA. NIA cannot control my rights inside the prison. It is the sole reason I have not been able to have a call with my family even once a month,” advocate Tara Narula submitted on behalf of Khan.Khan stated in the petition that when he was lodged in Central Jail nos. 8/9, of the Tihar jail for nearly 6 years, he was allowed to avail the IPCS and E-Mulaqat facilities. These facilities were withdrawn when he was shifted to Central Jail No.3 towards the end of 2023 after NIA refused to provide an NOC, it was pointed out.It was further submitted that Khan is a model prisoner and has good jail conduct and has never been involved in any incident of assaulting any co-inmate..“What is evident is that till 2023, there was an NOC, that is how jail authorities allowed,” Justice Datta observed. Special Public Prosecutor for NIA Akshai Malik stated, “What I understand is that prior to this the jail authorities had not sought an NOC.”Senior Advocate Sidharth Luthra appeared for NIA and submitted that the circulars being challenged in the petition have been issued by the Tihar Jail and so, notice may be issued to them for clarity. “I am given to understand at that point this was going on. Some change has happened which the jail authorities will clarify,” Luthra stated..The Court eventually sought the response of the NIA and Tihar jail authorities and posted the case for consideration on March 18..Khan was represented by advocates Tara Narula, Tamanna Pankaj and Anirudhh Ramanathan.NIA was represented by Senior Advocate Sidharth Luthra and Special Public Prosecutor Akshai Malik.