The Delhi High Court has sought the Delhi government and the NIA's response on a plea by a terror funding case accused seeking quashing of a circular not allowing e-mulakat and telephone facilities to prisoners without a no-objection certificate from an investigating agency.

The audio-cum-video e-mulakat is an extension of the inmate phone call facility.

The circular, which was issued by prison authorities in April this year, deals with prisoners covered under Rule 631 of the Delhi Prison Rules. Those covered by the Rule include people charged in offences against the State, for terrorist activities and henious crimes, and under laws such as the Maharashtra Control of Organized Crime Act, the National Security Act and the Public Safety Act.

Justice Sanjeev Narula issued notice to the Delhi government and the National Investigation Agency (NIA) on the petition filed by Masasasong AO seeking to set aside the circular and direct the authorities to restore or allow the facility of e-mulakat and telephone facilities to him.

Advocate M S Khan, representing Masasasong, submitted that the petitioner, arrested in February 2020 and lodged in Tihar jail, was granted permission to make phone calls to his minor sons and daughter for five minutes every day from the prison.

He said the petitioner has aged parents who are at the fag-end of their lives and are struggling to cope with their age-related ailments. He is deeply concerned about the welfare of his parents and children, and communication facilities were the only solace available to him, Khan said.

"Discontinuation of the communication facilities provided to the petitioner is in sheer contravention of not only the provisions of Delhi Prison Rules, 2018 but also the impugned circulars, moreover, no reason given on the part of the respondents to withdraw/ stop the facilities which is otherwise available to the petitioner and introduced with the pious objective of allowing the inmates to communicate with their near and dear ones," the plea said.

It said the circular infringes the fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution as the right of an under trial to communicate with his family and counsel is an essential component of fundamental rights.

The plea said the circular and the consequent action on the part of the authorities discriminate against inmates without any reasonable classification or justification.

According to jail rules, prisoners covered under Rule 631 are not eligible for communication facility in the interest of public safety and order.

However, the jail superintendent will be empowered to take appropriate decisions on an individual case to case basis with the prior approval of Deputy Inspector General (Range), the rules stated.

According to the circular, the inmate phone call facility can be permitted to prisoners covered under Rule 631 of Delhi Prison Rules, 2018, and also for those who are lodged in high security ward, only after obtaining no-objection certificate (NOC) or approval from the concerned prosecuting agencies.

The jail superintendent shall provide the landline/mobile numbers furnished by the inmate to the prosecuting agency for their NOC/approval of such facility from jail, it said.

The circular said e-mulakat facility is an extension of inmate phone call facility which is at a higher pedestal, and therefore, more scrutiny or precaution is required for keeping in view of security threat or any other misuse of such facility by the inmate or by his/her visitor through e-mulakat.

Later an addendum was issued to the circular and it stated that for prisoners who are already availing the facility of e-mulakat/telephone facility on or before April 22, 2024, the facility will remain in force till the NOC from the investigating agencies is obtained.

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