Umar Khalid Moves Delhi Court For Daily Calling Facility, Tihar Jail Admin Asked To File Report

Former JNU student and activist Umar Khalid has moved a Delhi Court seeking access to inmate calling facility on a daily basis till the time he remains in jail in the larger conspiracy case of 2020 Northeast Delhi riots.

Additional Sessions Judge Amitabh Rawat has issued notice on Khalid’s application and sought response of Tihar Jail Superintendent.

“Let a notice of this application be issued to the concerned Jail Superintendent, who will file a report in this regard, for the date already fixed in the present case i.e. 21.01.2023,” the court said.

Umar, who has been in custody since September 2020, was granted interim bail to attend his sister's wedding from 23rd to 30th December last year.

He was denied regular bail by High Court’s special bench of Justice Siddharth Mridul and Justice Rajnish Bhatnagar on October 18, 2022.

A circular was issued by Tihar jail on September 2, 2022 providing certain directions for inmate calling facility to high security prisoners or those specified under Rule 631 of Delhi Prison Rules. The Rule states that prisoners who are involved in offences against the State, terrorist activities, MCOCA, National Security Act, Public Safety Act and otherwise involved in multiple heinous offences, shall not be eligible for the facility in the interest of public safety and order.

However, the Jail Superintendent is empowered to take appropriate decision on case to case basis with the prior approval of DIG (Prisons).

The circular directed that the inmate calling facility may be made available to the said categories of prisoriers limited to once in a week, which shall be subject to maintaining good conduct in jail.

“The inmates covered by aforesaid categories and getting benefit of Inmate Phone Call System facility on directions of Competent Courts shall continue to get the facility. However later on, this may be got reviewed from the Ld. Court, if needed,” the circular states.

It further directs the Jail Superintendent to ensure that the duration of the call shall not be more than five minutes on each occasion and that the facility shall be made available only on working days and during office hours.

Earlier this month, co accused Sharjeel Imam, Gulfisha Fatima and Shifa-ur-Rehman also moved applications alleging that the telephone facility with their family members has been stopped.

The court had then summoned various Tihar jail superintendents and Law Officer (Prisons).

While denying him bail, the High Court had observed that Khalid's name finds a recurring mention in the chargesheet from the beginning of the conspiracy behind the 2020 protests till the culmination of ensuing riots.

The court also noted that Khalid was a member of WhatsApp groups like DPSG and Muslim students of JNU and had also participated in various meetings, wherein the alleged conspiracy to commit the riots took place.

The FIR 59/2020 being probed by Delhi Police's Special Cell invokes various charges under different provisions of Indian Penal Code as well as the stringent Unlawful Activities (Prevention) Act 1967 against the accused persons.

Those who were charge-sheeted include Former AAP Councillor Tahir Hussain, Jamia Coordination Committee members Safoora Zargar, Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Asif Iqbal Tanha, Salim Malik and Athar Khan.

A supplementary charge-sheet was thereafter filed in the case against Umar Khalid and Sharjeel Imam.