Delhi HC asks NIA rationale behind not allowing terror case prisoners virtual meeting with families

The Delhi High Court on Tuesday asked the National Investigation Agency (NIA) to explain the rationale behind the decision to not allowing ‘e-mulakat’ to prisoners facing prosecution in terror funding cases, while they are allowed physical meetings with their kin.

The audio-cum-video e-mulakat is an extension of the inmate phone call facility.

“If they are availing virtual meeting facility, the rule provides for NOC from the probe agency but there is no such rule for physical meeting. If they are coming physically to meet him or her, there is no such provision of availing NOC. Then this is irrational. What is the rationale behind this rule?” Justice Sanjeev Narula asked the NIA.

The NIA counsel in response submitted that during the virtual meeting with family, the prisoners speak in their local language and officials are not well versed with it.

“Several witnesses who are to be examined are from that area only. They are very powerful people there. These two are key members of the organisation and the apprehension is genuine and serious that they may try to influence and threaten the witnesses through their family members,” Advocate Shweta Singh, representing NIA, said.

The nature of offence for which the petitioners are lodged in jail requires NIA to examine the issue from a different perspective and for these reasons the NOC has been declined, she contended.

Advocate M S Khan, representing Jamir and Masasasong, submitted that e-mulakat facility is video conferencing facility and they would have no objection if the conversation is recorded by the authorities even if no such provision is provided in the prisons manual or rules.

“Depute some translator there. At least you can arrange a phone call with the petitioner’s mother and minor children. They are only asking for e-mulakat,” the judge told the NIA counsel.

On the statement made by the petitioners’ lawyer, the NIA counsel said she will take instructions on this.

The circular, which was issued by prison authorities this year, deals with prisoners covered under Rule 631 of the Delhi Prison Rules. Those covered by the Rule include people charged in offences against the state, for terrorist activities and heinous crimes, and under laws such as the Maharashtra Control of Organised Crime Act, the National Security Act, and the Public Safety Act.

The pleas filed by Masasasong AO and Alema Jamir have sought setting aside of the circular by which the facilities of e-mulakat and phone calls extended with the petitioners have abruptly been put to an end and directing the authorities to restore it for them.

After perusing the NIA’s verification report regarding Masasasong, the court in an interim order allowed him to have one virtual meeting with his family to be arranged by the jail authorities after two weeks.

Alema Jamir, a self-styled ‘cabinet minister’ of the NSCN-IM who was arrested in a case of alleged terror funding, is currently lodged in Tihar jail.

Under the circular, the e-mulakat telephone facility has been allowed only on receipt of the NOC by the investigating agency. The probe agency, in this case NIA, declined Jamir’s request which has prompted them to approach the court.

Regarding Jamir, the court directed her counsel to give specific contact numbers on which she would like to have-mulakat/telephone facility to the NIA for verification.

Masasasong, arrested in February 2020 and also lodged in Tihar jail, was granted permission to make phone calls to his minor sons and daughter for five minutes every day from the prison.

Khan has said the petitioner has aged parents who are at the fag-end of their lives and are struggling to cope with their ailments. He is “deeply concerned” about the welfare of his parents and children, and talking to them was the only solace available to him, he said.

It said the circular infringes the fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution as the right of an under trial to communicate with his family and counsel is an essential component of fundamental rights.

The plea said the circular and the consequent action on the part of the authorities discriminate against inmates without any reasonable classification or justification.

According to jail rules, prisoners covered under Rule 631 are not eligible for communication facility in the interest of public safety and order.

According to the circular, the inmate phone call facility can be permitted to prisoners covered under Rule 631 of Delhi Prison Rules, 2018, and also for those who are lodged in high security ward, only after obtaining a no-objection certificate (NOC) or approval from the concerned prosecuting agencies.

The circular said e-mulakat facility is an extension of inmate phone call facility which is at a higher pedestal, and therefore, more scrutiny or precaution is required for keeping in view of security threat or any other misuse of such facility by the inmate or by his/her visitor through e-mulakat.