Delhi HC Issues Notice To Prison Authority, NIA On Separatist Leader Nayeem Khan's Plea Against Withdrawal Of Calls, E-Mulaqat Facilities

The Delhi High Court on Monday issues notice on a plea filed by Separatist leader Nayeem Ahmad Khan challenging various circulars issued by the Prison authorities over the alleged withdrawal of phone calls and e-mulaqat facilities to him.

Justice Sachin Datta sought response of the prison authorities, Delhi Government and the National Investigation Agency (NIA) and listed the matter for hearing on March 18.

The petition has been filed through Advocates Tamanna Pankaj and Anirudh Ramanathan.

Khan has challenged the circulars issued by the Director General (Prisons) on September 02, 2022, December 26, 2022, April 22, 2024 and May 22, 2024. It is his case that the impugned circulars are arbitrary and ultra vires Sections 49 of the Delhi Prisons Act, 2000, and Rules 629 to 633 of the Delhi Prisons Rules, 2018.

Khan, who has been in judicial custody since August 14, 2017, has been accused of "creating unrest" in the Kashmir valley by the National Investigation Agency. He was arrested in the UAPA case on July 24, 2017.

Since he has been charged with Sections 121 and 121A of the Indian Penal Code as well as UAPA, the authorities have said that Khan falls under the special category of prisoners under Rule 631 of the Delhi Prison Rules and cannot be allowed to avail phone calls or e-mulaqat facilities.

It is Khan's case that the Superintendent of Tihar Jail has arbitrarily withdrawn the facilities under the pretext that NIA did not provide a “No Objection Certificate” in terms of the Impugned Circulars.

Khan has submitted that the withholding of phone calls and E-Mulaqat facilities from a certain class of prisoners is in the form of punishment.

The plea contends that the alleged arbitrary withdrawal of Khan's phone calls and E-Mulaqat facilities under the pretext of the Impugned Circulars for lack of NOC from NIA is ultra vires Section 49 of the Delhi Prisons Act which provides that no punishment other than those prescribed under the statute could be inflicted on an inmate, except by a judicial order.

Khan has challenged the impugned circulars on the grounds that the mandate of seeking NOC or approval from NIA is akin to inflicting punishment on an undertrial prisoner.

“It is also the case of the Petitioner that the mandate in the Impugned Circulars and the actions of Respondent nos. 2, 4 and 5 in arbitrarily withholding and withdrawing the right to avail the IPCS and E-Mulaqat facilities is ultra vires Articles 14 and 21 of the Constitution of India,” the plea adds.

The UAPA case against Khan alleges that there was a larger criminal conspiracy for causing disruption in the Kashmir valley by way of "pelting stones on the security forces, systematically burning of schools, damage to public property and waging war against India."

The case was registered under Sections 120B, 121, 121A and 124 A of the Indian Penal Code and sections 13, 16, 17, 18, 20, 39 and 40 of Unlawful Activities Prevention Act, 1967.

Title: Nayeem Ahmad Khan v. State of NCT of Delhi & Ors.