Delhi Riots UAPA Case: Tihar Jail Stops Telephone Facility For Three Accused, Court Summons Superintendents & Law Officer

A Delhi Court has summoned various Tihar jail superintendents and Law Officer (Prisons) after Sharjeel Imam, Gulfisha Fatima and Shifa-ur-Rehman, accused in the case alleging a larger conspiracy case in 2020 North-East Delhi riots, alleged that the telephone facility with their family members has been stopped.

During the hearing on January 2, two Tihar Jail superintendents were present before the court of Additional Sessions Judge Amitabh Rawat. The FIR 59/2020 is pending before the court.

Superintendent Central Jail No. 6 placed reliance upon Rule 631 of the Delhi Prison Rules, 2018 and also the notification issued on September 02 last year by the AIG (Prison) (HQ). The counsels appearing for the three accused submitted that as per Rule 631 of Delhi Prison Rules, 2018, the calling facility was being provided but after the notification, it was stopped.

The court was further told that there is a letter of Superintendent Jail No 8 on record which states that the calling facility was being extended to co-accused Meeran Haider after opining that Rule 631 does not cover UAPA.

It was argued that Rule 631 has to be read in those cases which are covered under UAPA and where prisoners are frequently involved in assaulting co-inmates in prisons.

During the hearing, it was suggested that all the respective jail superintendents, who are handling the three accused persons, and Law Officer (Prisons) (HQ) be called before court to explain their individual position and opinion regarding the telephonic facility for giving a single opinion for the entire prison instead of different jails.

Accordingly, the court ordered: “In these circumstances, let notice be issued to the Law Officer (Prisons) (HQ) to appear in person on 07.01.2023 at 2.00 PM. Let the Superintendents, Jail No.1, 2 3, 6, 8, 10, 11 & 13 be also issued notice to appear in person on next date.”

The matter will now be heard on January 7.

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.