The Delhi High Court has issued a notice to the National Investigation Agency (NIA) in response to a petition filed by Kashmiri separatist leader Shabbir Ahmed Shah. Shah, currently incarcerated in Tihar Jail in connection with a terror funding case, is seeking the restoration of telephone and e-Mulakat facilities, which were suspended following a circular requiring prior approval from the investigating agency.
The court has scheduled the next hearing for February 13, 2024, and has directed the NIA to respond to Shah’s petition. Shah’s legal team has argued that these facilities were available to him before the circular was issued, and their withdrawal has led to undue hardship.
Background Of The Case And Legal Arguments
Shabbir Ahmed Shah, who faces charges related to terror financing, is challenging a circular issued by the Delhi Government. The circular mandates that prisoners, including Shah, can only access telephone and e-Mulakat services if they obtain a No Objection Certificate (NOC) from the investigating agency handling their case. Shah’s legal counsel has requested the High Court to restore these communication facilities, emphasizing that they were previously provided to him without restriction.
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Senior advocate Siddharth Luthra, representing the NIA, argued that the matter is not directly related to the agency but instead concerns the Deputy Inspector General (DIG) of Delhi’s jail administration. Luthra clarified that the NOC requirement pertains to the permission granted by the Delhi Police Commissioner and not the NIA itself. He also urged the court to include the Delhi Police Commissioner as a party in the case.
In contrast, Shah’s lawyer maintained that since the NIA is the prosecuting agency in the case, it is the NOC from the NIA that should determine whether the telephone and e-Mulakat facilities can be granted. The petitioner’s counsel pointed out that the facilities were initially available and were only revoked after the new circular came into effect.
Details Of The Circular And Addendum
The petition also referenced a circular issued by the Delhi Government on April 22, 2024, aimed at creating uniformity in the policies regarding telephone and e-Mulakat facilities across all Delhi jails. The circular clarified the conditions under which prisoners could access these services, stipulating that permission should only be granted once an NOC is obtained from the investigating agency.
On May 22, 2024, the NIA issued an addendum to this circular, which specifically addressed prisoners who were already availing of the facilities before the policy change. The addendum stated that these privileges would continue only until the NOC from the investigating agency was received. The petitioner claims that the NIA has refused to grant the necessary NOC for Shah, further complicating the situation.
Next Steps And Court’s Role
As the case progresses, the Delhi High Court will review the arguments presented by both parties. The NIA has been asked to clarify its stance on the matter before the next hearing in February. The outcome of this case could have significant implications for the rights of prisoners, particularly those facing charges under national security laws, regarding access to communication facilities during their incarceration.
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