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The Delhi High Court on Wednesday sought a response from the National Investigation Agency (NIA) on a petition challenging a provision of the Delhi Prison Rules that restricts calling and "e-mulaqat" facilities for individuals accused under the Unlawful Activities (Prevention) Act (UAPA).
The petitioner, Basit Kalam Siddiqui, arrested for his alleged involvement in an ISIS conspiracy to radicalize and recruit youth for violent jihad, has contested the constitutional validity of Rule 631 of the Delhi Prison Rules, 2018. He also challenges related circulars dated September 2, 2022, December 26, 2022, and April 22, 2024, which collectively regulate phone call and e-mulaqat access for certain categories of prisoners. The petitioner through Advocate Kartik Venu argues that these regulations violate the Petitioner's fundamental rights under Articles 14 (equality before the law), 21 (right to life and dignity), and 22 (right to legal representation) of the Constitution. It asserts that Rule 631 denies specific classes of prisoners daily phone call privileges, limiting them to one call per week as per the 02.09.2022 circular, compared to the standard five calls. Similarly, the 26.12.2022 circular restricts e-mulaqat access to one session per week instead of the usual two. The 22.04.2024 circular further mandates a No Objection Certificate (NOC) from the investigating agency to avail these facilities. The petitioner contends that such restrictions impose undue limitations on communication with family and legal representatives, leading to unjust deprivation of rights. The plea seeks to have Rule 631 and the associated circulars declared unconstitutional and void. Taking note of the submissions, the Division Bench of Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela decided to club the case with similar petitions already under the court's review for a comprehensive examination. The Petitioner, despite being entitled to avail the facilities, and despite securing a court order dated 13.04.2023 passed by the Trial Court granting him 2 phone calls per week, has been arbitrarily refused the benefit of both phone calling and e-mulakat facilities by the Respondent, stated plea. The Delhi High Court recently also issued notice on a plea by Hurriyat Leader Naeem Ahmad Khan. He is seeking direction to the Tihar Jail Authority and the National Investigation Agency (NIA) to restore the Inmate Phone Call System and e-mulaqat facilities. (ANI)
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