High Court Seeks Response on Withdrawal of Communication Facilities for APHC Leader in Tihar Jail, Delhi

In a significant legal development, the Delhi High Court has sought the stand of Tihar Jail authorities and the NIA on the withdrawal of communication facilities for senior APHC leader Nayeem Ahmad Khan.

The Delhi High Court has directed the National Investigation Agency (NIA) and Tihar Jail authorities to respond to a plea filed by senior All Parties Hurriyat Conference (APHC) leader Nayeem Ahmad Khan, challenging the withdrawal of call and “e-mulaqat” (virtual meeting) facilities in Tihar Jail. Justice Sachin Datta issued notices to both the NIA and Tihar jail authorities, seeking their stand on the matter.

Khan, who was arrested in July 2017 in connection with a case involving the 26/11 Mumbai attacks, has been held as an undertrial prisoner. His legal counsel, Advocate Tara Narula, argued that the withdrawal of telephone and e-mulaqat facilities, starting in November 2023, was “arbitrary” and lacked proper justification. The facilities were withdrawn on the grounds that the NIA had not issued a “no objection certificate” (NOC), a requirement the authorities claimed was necessary for the continuation of these privileges.

The court raised concerns about the denial of communication rights, particularly given that the facilities were previously allowed without issues during Khan’s six years in Central Jail 8/9 of Tihar. The court further questioned the NIA’s stance, pointing out that adequate safeguards, such as recording calls, were in place to ensure security. The NIA counsel responded that the agency would file its formal response to the petition.

In his plea, Khan contended that there was no valid reason for the denial of communication rights, which are generally afforded to other inmates under Delhi Prison Rules. He noted that after his transfer to Central Jail 3 in late 2023, the communication privileges were suddenly revoked without any clear explanation from the NIA. Khan’s petition argued that the blanket restriction imposed on his fundamental rights to communicate with his family was unreasonable and unjustified.

The senior APHC leader’s legal team requested the court to direct the authorities to immediately restore the communication facilities, which had been available to him earlier. The matter has been scheduled for a further hearing on March 18, 2025.