Denying phone calls to terror, MCOCA accused not arbitrary: Delhi High Court

New Delhi: Denying regular telephonic and electronic communication to prisoners facing terror, MCOCA and other heinous charges was prima facie not arbitrary, the Delhi High Court said recently.

A bench of former acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela said Rule 631 of the Delhi Prison Rules, 2018, clearly indicated such facilities were denied to prisoners "in the interest of public safety and order" and added the guiding principles couldn't be faulted.

"Prima facie, the denial of regular telephonic and electronic communication to a prisoner who is involved in terrorist activities and offences such as under the MCOCA and Public Safety Act without adequate safeguards, cannot be considered as arbitrary or unreasonable," read the court order passed on January 16.

Rule 631 of Delhi Prison Rules includes those allegedly involved in offences against the state, terrorist activities, Maharashtra Control of Organised Crime Act (MCOCA), National Security Advisor, Public Safety Act and other heinous offences.

According to the rule, those allegedly involved in such offences won't eligible for telephonic and electronic communication facilities.

The court said the rule empowered the jail superintendent to take appropriate decisions in individual cases based on the prior approval of the deputy inspector general (range).

"Thus, the denial of the facilities in question is not absolute and is permissible where public interest and safety is not compromised," it added.

Cases where providing communication facilities in a regulated manner was not considered to be detrimental to the interest of public safety and order, the rule accommodated providing such facilities even to prisoners involved in the offences mentioned in the rule, it was noted.

The high court was hearing a plea by prisoner Syed Ahmad Shakeel, lodged in Tihar Jail in a MCOCA case.

He challenged the constitutional vires of Rule 631 of the Delhi Prison Rules.

The counsel for the petitioner submitted a circular was issued by the authorities in 2022 to streamline and regulate the procedure of inmates' phone call system.

However, through a 2024 circular, the facility was restricted to only once a week instead of five calls a week permitted earlier, the lawyer said. He said other prisoners or undertrials were provided one call a day.

The counsel submitted the petitioner too was provided the facility of five calls a week, however, the same is restricted to maximum of once a week according to the rule.

He said after April, 2024, the petitioner has had no contact with the family and argued the discrimination as to the frequency of communication allowed among prisoners was arbitrary and unreasonable.

The court issued notice to the jail authorities on the issue and posted the hearing on April 1.