Delhi HC seeks NIA stand after separatist leader seeks call facility in Tihar jail

Delhi High Court seeks response from Tihar jail and NIA on separatist leader's plea against withdrawal of facilities.

The Delhi High Court on Monday (February 10, 2025) asked the Tihar jail authorities and the National Investigation Agency (NIA) to respond to a plea by separatist leader Nayeem Ahmad Khan against the withdrawal of call and “e-mulaqat” facilities from him in Tihar.

Advocate Tara Narula, appearing for Mr. Khan, argued that telephone facilities were “arbitrarily” withdrawn from November 2023 under the pretext that NIA did not provide a no objection certificate.

Mr. Khan, arrested in July 2017, is an undertrial prisoner in a terror-funding case involving 26/11 Mumbai attack mastermind Hafiz Saeed.

The court questioned the NIA counsel over the denial of the facility, given that there were adequate safeguards such as call recording. The NIA counsel said the agency would file its response.

In his plea, Mr. Khan said there was no reason to deny him the facility, which is provided to other inmates under the Delhi Prison Rules.

“The petitioner was earlier lodged in Central Jail 8/9, Tihar Jail, for nearly six years where he was allowed to avail the IPCS [Inmate Phone Call System] and e-mulaqat facilities. However, on shifting to Central Jail 3, Tihar Jail around the end of 2023, the petitioner lost his right to avail the said facilities. It is pertinent to note that respondent 4 [Tihar jail authorities] has arbitrarily withdrawn the facilities under the pretext that respondent 5 [NIA] did not provide a ‘no objection certificate’,” the plea said.

The court will hear the matter again on March 18.