Denying Phone Call Access To Prisoners Involved In MCOCA, Terrorist Acts Not Arbitrary: Delhi High Court's Prima Facie View

The Delhi High Court has recently observed that prima facie, denial of telephonic calls to prisoners involved in terrorist activities and offences under the Maharashtra Control of Organized Crime Act (MCOCA) and Public Safety Act is not arbitrary. “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 Maharashtra Control of Organized Crime l Act and Public Safety Act without adequate safeguards, cannot be considered as arbitrary or unreasonable,” a division bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela said. The Bench was dealing with a plea moved by a prisoner- Syed Ahmad Shakeel, challenging the constitutional validity of Rule 631 of the Delhi Prison Rules, 2018.As per the Rule, the prisoners who are involved in terrorist activities, MCOCA Act, Public Safety Act and otherwise involved in multiple heinous offences shall not be eligible for the facility in the interest of public safety and order.However, it adds that the the Superintendent of Jail will be empowered to take appropriate decision in individual case to case basis with the prior approval of Deputy Inspector General (Range).“The impugned Rule also specifies that the Jail Superintendent is empowered to take appropriate decision 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,” the Court said. It added that in cases where providing communication facilities in a regulated manner is not considered to be detrimental to the interest of public safety and order, the impugned Rule accommodates providing such facilities even to prisoners that are involved in the offences. Shakeel's counsel submitted that a circular has been issued in 2022 to streamline and regulate the procedure of inmates phone call system. However, it the said facility was restricted to only once a week instead of five calls a week that was being provided earlier.It was further stated that other prisoners or undertrials were provided a facility of one call a day.It was Shakeel's case that after April, 2024, he has had no contact with his family as he was being denied the telephonic calls facility. It was contended that discrimination as to the frequency of communication allowed amongst prisoners would be arbitrary and unreasonable. The Bench issued notice on the plea and listed it for hearing next on April 01. Title: SYED AHMAD SHAKEEL v. CENTRAL JAIL NO. 8, TIHAR JAIL & ANR.Citation: 2025 LiveLaw (Del) 110Click here to read order

Denying Phone Call Access To Prisoners Involved In MCOCA, Terrorist Acts Not Arbitrary: Delhi High Court's Prima Facie View

Nupur Thapliyal

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