Delhi HC directs jail authorities to provide E mulakat facility to UAPA accused Masasasong AO

New Delhi [India], October 3 : The Delhi High Court has recently passed an interim direction to Tihar jail authorities to provide E Mulakat facility to Masasasong AO who under custody in a case related to alleged terror activities registered by the NIA. The authorities are directed to set up the required infrastructure for the same.
Petitioner is alleegd to be a leader National socialist council for Nagaland -Isac Muivah (NSCN-IM) and charge sheeted by NIA in 2020.
The High Court passed the order after noting the submissions of counsel for accused that he would have no objection if his conversations during E- Mulakat are recorded.
Justice Sanjeev Narula passed the direction after noting that the phone numbers provided by Masasasong have been verified and the he has no objection if conversions are recorded.
" The date and time for the E-mulakat be scheduled, after a period of two weeks from today," Justice Sanjeev Narula ordered on October 1.
The High court further directed that Delhi Government shall set up the necessary technical infrastructure for E-Mulakat on the numbers specified by the Petitioner.
The High Court said that E-Mulakat conversation can be recorded and preserved, if so required by the Delhi Government.
All other requirements under the Delhi Prisons Rules, 2018 or the Circular dated 22nd April, 2024 are directed to be followed at the times of E- Mulakat, the bench said in the order.
Advocate M.S. Khan, counsel for the Petitioner, on instructions, stated that the Petitioner would have no objection if his conversations during E- Mulakat are recorded.
He also submitted that even if there is no provision for recording of conversations in the Delhi Prison Rules, 2018 or the impugned circular, the Petitioner is willing to waive his right of privacy and has no objection to the recording of his conversations.
Advocate Shilpa Singh, SPP for NIA, stated that she will take instructions. The matter has been listed on November 7 for further hearing.
Masasasong AO who is an accused under stringent terror law UAPA had moved high court challenging an order not permitting the telephone facility and E Mulakat in Tihar Jail.
On August 10 The Delhi High Court had sought response from Delhi Government and National investigation agency (NIA).
Masasasong is an accused in alleged terror funding case lodged by the NIA under UAPA. He is in custody since 2020.
He had challenged a circular of NIA requesting the jail authorities not to grants telephone and E Mulakat facility to prisoners lodged in cases against the State, terror activities etc. without the NOC from the investigation agency.
Advocate M S Khan, counsel for Masasasong submitted that the grievance of petitioner is that the his request for grant of E-Mulakat (meeting) and telephone communication facility has not been granted.
It was submitted that an FIR was registered on 17th December, 2019 against Alemla Jamir, for offences under Unlawful Activities (Prevention)
Act, 1967. On 20th December, 2019, Respondent National Investigation Agency (NIA), took up the case and re-lodged the said FIR.
During the course of investigation, the Petitioner was arrested and is presently lodged in Tihar Jail.
The counsel for petitioner informed the bench that the NIA, through communication dated 12th June, 2024, has requested the Superintendent, Tihar Jail, to decline the request of the Petitioner for availing the E-Mulakat (meeting) and Inmate phone call facility.
The reason cited for denial is that since the criminal case is at the trial stage, there is a possibility that the Petitioner may influence witnesses and tamper with the evidence, thereby interfering with the due process of law, counsel submitted.