The Delhi High Court on Friday issued notice on the plea of Kashmiri separatist leader Shabir Ahmad Shah who is lodged in Tihar jail in a terror funding case lodged by the NIA.
He has challenged a circular requiring an NOC from the investigating agency for availing telephone and E-Mulaqat facility in Tihar Jail.
Justice Jasmeet Singh issued notice on the plea and directed authorities to file a reply within four weeks.
The matter has been listed on February 13. Shabir Ahmad Shah has approached the High Court for resumption of telephone and E Mulaqat facility which has been stopped in view of a circular requiring an NOC from the prosecuting agency.
A petition has been filed through advocate Prashant Prakash. Advocate MS Khan argued that earlier the facility was there. However, it was withdrawn after the issuance of the circular. Senior advocate Siddharth Luthra appeared for the NIA and submitted that this issue is not connected with the NIA.
It is well connected with the DIG Range prior permission/NOC is required for availing the telephone and E Mulaqat facility.
He urged the court to implead Commissioner of Police Delhi to implead as the party. On the other hand, the Petitioner’s counsel argued that the NOC of the prosecuting agency is required which is NIA in this case.
The petitioner has stated that the Delhi Government on April 22, 2024, issued the Circular whereby introducing certain clarifications ostensibly in order to bring uniformity in all prisons of Delhi regarding the extension of phone calls and E-Mulaqat facility to the inmates.
It is further stated that on May 22, 2024, the NIA, issued an Addendum to the Circular of April 22, 2024, with further clarifications, inter alia clarifying that E Mulakat and Telephone facility on or after April 22, 2024, should be allowed only after receipt of NOC from the Investigating Agency and the prisoners already availing the facility, the said facility will remain in force till NOC from the Investigating Agency is obtained.
It is also stated that on May 24, 2024, a reply was given by the National Investigation Agency (NIA) whereby they did not give consent for providing E-Mulaqat and calling facility to the Petitioner.
