Delhi Court Directs Tihar Jail Authorities To Provide Calling Facility For Five Minutes Thrice A Week To Umar Khalid, Sharjeel Imam & Others

A Delhi Court on Monday directed Tihar Jail authorities to provide inmate calling facility for five minutes thrice a week to Umar Khalid, Shifa-ur-Rehman, Sharjeel Imam, Meeran Haider, Gulfisha Fatima, Athar Khan and Tasleem Ahmed, who are accused in the larger conspiracy case concerning 2020 North-East Delhi riots.

Additional Sessions Judge Amitabh Rawat said that the facility shall be provided with conditions as mentioned under Rule 631 of Delhi Prison Rules and a circular issued by Tihar jail on September 2, 2022.

The circular provided 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.

The court disposed of the applications moved by the accused persons seeking continuation of five minutes calling facility with their family members which was allegedly stopped by the jail authorities.

It was their case that since the beginning of their judicial custody, they were provided five minutes phone call facility on a daily basis which had been stopped.

On this, Law Officer, Prison (HQ) informed court that there was some “digression of the Delhi Prison Rules” by the different Jail Superintendents who failed to follow the same.

While noting that the prisoners or undertrial prisoners who are involved in offences against State, terrorist activities, etc., are not eligible for inmate telephone call facility in the interest of public safety and order, the court said that the applicants, accused under Unlawful Activities (Prevention) Act, “are not eligible for the facility in terms of Rule 631.”

However, it took note of the fact that all the accused were granted the facility on a daily basis for five minutes since the beginning of the judicial custody.

“There have been some instances of different approaches by different Jail Superintendents. It was fairly conceded by the concerned Law Officer, Prison (HQ) that the approach of the jail authority have not been fair and correct and in disregard of the Prison Rules,” the court said.

Pulling up the jail authorities, the court said that Tihar Jail Administration “must set its house in order” and follow the rules and, at the same time, “maintain consistency without any discrimination against any individual accused.”

The court directed that the order be sent to DG (Prison) for “onward transmission” to the concerned Jail Superintendents for information and compliance.

“The court is conscious of the fact that if such facility, as is prayed by the counsel for applicants, is provided on a daily basis to the accused persons and while also considering the fact that considering the said rule, this should apply not only for accused in this case but for all the accused persons in similar offences, the rule itself will get defeated. However, the court is equally conscious of the fact that this facility was being provided continuously without break to the accused persons from the beginning, even if wrongly provided by the Tihar Jail Administration,” the court said.