HC rejects jailed separatist’s plea for immediate restoration of communication facilities
A bench of Justice Sachin Datta issued a notice to the Delhi Police and the National Investigation Agency (NIA) on Kashmiri separatist leader Nayeem Ahmad Khan’s plea
The Delhi high court on Monday rejected jailed Kashmiri separatist leader Nayeem Ahmad Khan’s plea for an immediate order directing Tihar jail officials to restore his communication facilities—phone and e-Mulaqat or video calls.
A bench of Justice Sachin Datta issued a notice to the Delhi Police and the National Investigation Agency (NIA) on Khan’s plea, asking them to file their responses before the next hearing on March 18. “No, nothing in the meantime. We will have to look at it holistically. I am sure NIA will take a pragmatic stand in the matter,” Justice Datta told advocate Tara Narula representing Khan.
Narula urged the court to pass an order directing the officials to allow her client to communicate with his family until the jail authorities and NIA filed their replies. She said her client has been unable to communicate with his family since November 2023.
Khan’s plea alleged jail authorities arbitrarily withdrew his communications facilities around the end of 2023, citing Rule 631 of the Delhi Prisons Rules. The rule allows prisoners covered under it communication facilities only after prior approval from the deputy inspector general. The rule covers people charged with offences against the state, terrorist activities, etc.
In April 2024, the director general (prisons) further regulated the communications facility, issuing a circular mandating no-objection certificates (NOC) from the prosecuting agency.
Khan argued the withdrawal of his communication facilities violated principles of natural justice and fundamental rights to equality, life, and personal liberty. He challenged the April 2024 circular, claiming NOC from the prosecuting agency was akin to inflicting punishment. He argued the investigating agency could not control the rights and remedies of a prisoner.
Senior advocate Siddharth Luthra and special public prosecutor Akshai Malik, who represented NIA, submitted the prosecuting agency would seek instructions on Khan’s plea.
NIA arrested Khan in July 2017 in connection with a terror funding case involving 26/11 Mumbai mastermind Hafiz Saeed. In 2022, a Delhi court framed charges against him under the Unlawful Activities (Prevention) Act and Indian Penal Code.