The Delhi High Court on Wednesday issued notice to the National Investigation Agency (NIA) on the interim application of Kashmiri separatist leader Shabir Ahmad Shah.
Shah has sought interim relief on the resumption of the E Mulakat facility in Judicial Custody. Shah is in custody in a terror case lodged by the NIA.
Justice Girish Kathpalia issued notice to the NIA and sought response on the plea. The matter is listed for hearing on May 1.
Shah’s main petition on this issue is pending before the High Court for May 22, 2025.
During the hearing, advocate Prashant Prakash appeared for Shah and submitted that he had challenged the order passed by the special NIA Court.
It was also submitted that earlier the ‘e mulakat’ facility was provided for a certain period. After the expiry of the period the facility was withdrawn.
Petitioner’s counsel further submitted that Shah’s wife met him in the jail. He is suffering from various ailments. He may be permitted to have ‘e mulakat’ as an interim relief.
On the other hand, it was submitted by APP Akshay Malik for NIA that in view of the allegations against the petitioner, he not be permitted for E Mulakat. He further submitted that inmates who are accused in terror matters are not allowed to have ‘e mulakat’ facility.
In the main petition, Shah has challenged a circular requiring an NOC from prosecuting agency for availing telephone and E Mulaqat facility in Tihar Jail.
Earlier, on November 22, 2024, the High Court issues notice on the petition. NIA has filed a reply and matter is listed for hearing on May 22.
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 prosecution agency.
The petition was filed through advocate Prashant Prakash. Advocate MS Khan argued that earlier the facility was there. However, it was withdrawn after issuance of the circular.
Senior advocate Siddharth Luthra had appeared for the NIA and submitted that this issue is not connected with the NIA. It is well connected with the DIG Range who prior permission/NOC required for availing the telephone and E Mulaqat facility. He had urged the court to implead Commissioner of Police Delhi to implead as the party.
On the other hand, Petitioner’s counsel argued that NOC of the prosecution agency is required which NIA in this case.
The Petitioner has stated that Delhi Government on April 22, 2024, issued the circular whereby introducing certain clarifications in the ostensibly in order to bring uniformity in all prisons of Delhi regarding extension of phone call and e-mulakat facility to the inmates.
It is further stated that on May 22, 2024, the NIA, issued an Addendum to 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 NIA whereby they did not give consent for providing ‘e-mulakat’ and calling facility to the petitioner. (ANI)
