Delhi HC seeks response from Delhi govt, NIA over denial of E-Mulakat to UAPA accused

New Delhi [India], August 10 : The Delhi High Court has recently sought a response from the Delhi Government and the National Investigation Agency (NIA) on a plea moved by Masasasong AO against the denial of telephone facility and E Mulakat in Tihar Jail.
Masasasong is an accused in an alleged terror funding case lodged by the NIA under UAPA. He has been in custody since 2020.
He has challenged a circular of NIA requesting the jail authorities not to grant telephone and E Mulakat facilities to prisoners lodged in cases against the State, terror activities etc. without the NOC from the investigation agency.
Justice Sanjeev Narula directed the city government and NIA to file a response on Thursday in three weeks.
"In light of the above, the Respondents are directed to file their counter affidavit(s), if any, within a period of three weeks from today. Rejoinder(s) thereto, if any, be filed within a period of two weeks thereafter," Justice Narula ordered on August 8.
Advocate MS Khan, counsel for Masasasong submitted that the grievance of the petitioner is that 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 December 17, 2019, against Alemla Jamir, for offences under the Unlawful Activities (Prevention) Act, of 1967. On December 20, 2019, respondent National Investigation Agency (NIA), took up the case and re-lodged
the said FIR.
During the course of the investigation, the petitioner was arrested and is presently lodged in Tihar Jail.
The counsel for the petitioner informed the bench that the NIA, through communication dated June 12, 2024, has requested the Superintendent, of 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.
The plea moved through advocates Kahorngan Zimik and Yashvir Kumar further stated that NIA issued an Addendum to the Circular of April 22, with further clarifications, inter alia clarifying that E-Mulakat and Telephone facility on or after April 22, should be allowed only after receipt of NOC from the Investigating Agency and the prisoners already availing the facility, the same will remain in force till NOC is obtained.
Petitioner's mother is 84 years and her father is 89 years old, at the fag end of their lives they are struggling to cope with their own old age-related diseases. The petitioner is deeply concerned about the welfare of his minor sons and daughters and the communication facilities is the only solace available to the petitioner while in custody.
Petitioner's application seeking permission to make telephone call to his daughter and son for five minutes daily was rejected by the trial court.