Delhi HC seeks response on Hurriyat leader Naeem Khan's plea for inmate call, E-Mulaqat access in Tihar Jail

The bench of Justice Sachin Datta sought the response of all respondents and fixed the matter for March 18, 2025.

Nayeem Ahmad Khan, through Advocates Tamanna Pankaj and Anirudh Ramanathan, stated that he was earlier lodged in Central Jail Nos. 8/9, Tihar Jail for nearly 6 years, where he was allowed to avail the IPCS and E-Mulaqat facilities. However, on shifting to Central Jail No. 3, Tihar Jail, around the end of 2023, the Petitioner lost his right to avail the said facilities.

The plea alleges that the concerned jail superintendent arbitrarily withdrew the Inmate Phone Call System (IPCS) and E-Mulaqat facilities, citing the National Investigation Agency (NIA) did not provide a 'No Objection Certificate' (NOC).

The plea also states that the NIA did not give any reason for refusing to issue the NOC, making the decision arbitrary and non-speaking in nature. Furthermore, the NIA submitted before the trial court that no law requires prosecuting agencies to provide an NOC, according to the plea.

The plea also mentions that the petitioner, Naeem Ahmad Khan, was arrested by the NIA on July 24, 2017, in connection with the Jammu and Kashmir terror funding case and is currently in judicial custody as an Under-Trial Prisoner (UTP) in Central Jail No. 3, Tihar Jail.

Charges were framed against the petitioner on May 10, 2022, under Sections 120B, 121, and 121A of the Indian Penal Code (IPC) and Sections 13, 15, and 17 of the Unlawful Activities (Prevention) Act, 1967 (UAPA), read with Section 120B of IPC and Sections 18, 20, 39, and 40 of UAPA. A challenge against the Order on Charge dated May 10, 2022, is currently pending before a Division Bench of the Delhi High Court, the plea mentioned.

In 2022, the NIA Court of Patiala House Court ordered charges to be framed against several key Kashmiri separatist figures, including Hafiz Saeed, Syed Salahuddin, Yasin Malik, Shabbir Shah, Masrat Alam, Zahoor Ahmed Watali, Bitta Karate, Aftab Ahmed Shah, Avtar Ahmed Shah, Naeem Khan, and Bashir Ahmed Butt (also known as Peer Saifullah).

The charges are part of an ongoing investigation into terror funding in Jammu and Kashmir. The National Investigation Agency (NIA) alleges that various militant organisations, such as Lashkar-e-Taiba, Hizbul Mujahideen, Jaish-e-Mohammed, and JKLF, collaborated with Pakistan's intelligence agency, ISI, to orchestrate attacks on civilians and security forces in the region.

The NIA claims that in 1993, the All Party Hurriyat Conference (APHC) was formed to further separatist activities, with funding channelled through hawala and other covert methods. Hafiz Saeed, along with Hurriyat leaders, is accused of using these illicit funds to fuel unrest in Jammu and Kashmir, targeting security forces, inciting violence, burning schools, and damaging public property. The agency contends that these operations were designed to destabilise the region and promote terrorism under the guise of political resistance. (ANI)