Anand Teltumbde's Letters Alleged Planting Of Evidence On Computer, Had Objectionable Contents, Hence Withheld : NIA

The NIA's reply responds to their wives' - Rama Teltumbde and Susan Abraham's - plea in the Bombay High Court seeking action against the then Superintendent of Taloja Prison for withholding communication with family.

Teltumbde was arrested on April 14, last year. He and 15 other activists were booked under the UAPA and accused of furthering the banned CPI(Maoist) agenda to overthrow the government.

The trial in the case is yet to begin, and charges yet to be framed as the accused have sought clone copies of all the electronic evidence against them.

"Upon scrutinizing the letters of the petitioner, it was brought to the notice of the jail authorities that letter written by the petitioner contained incriminating material and such was hampering the trial and the material against the petitioner and the co-accused," the reply states.

NIA claimed that all communication was not stopped. Also, it was noticed that the accused were writing to a third person Mr Riyaz, the agency claimed.

"The said letter contains scandalous allegation regarding hatching of conspiracy in connection with Elgar Parishad & also article making allegation regarding planting of letters in Rona Willson's Computer," the NIA's reply states.

"The petitioner wants the husband of the petitioner to pass off prohibited material in the nature of letter," the reply adds.

Referring to an article written by Teltumbde for The Caravan titled "Economic Goals Cannot Disavow Constitutional Vision: Anand Teltumbde Writes From Prison," the NIA claimed that despite repeated requests he has indulged in "restricted activities" mentioned in Prison Rules.

The petitioners claimed that communication to them virtually stopped after the Caravan article.

The affidavit filed by Anil Kumar Nair, Additional SP NIA says that Section 17 (10) of Prison Rules provides enough power to the Superintendent of Jail to withhold incoming and outgoing letters with objectionable, cryptic or suspicious contents.

The NIA further said it was "misleading" to state that jail officials completely stopped the accused's communication with the family and lawyers.

Not Maintainable

The agency has further raised questions regarding the maintainability of the petition as the prayers would indicate Anand Teltumbde and not his wife should file the plea, in as much as none of her rights have been violated.

Prisoners Rights Not Unfettered

Citing the Maharashtra Prison (facilities to Prisoners) Rule, 1962, the NIA said that the rights of under trial prisoners to write letters are not unfettered and are always subject to the restrictions.

Background

The petitioners claimed that Maharashtra Prison Rules, included personal and private matters and excluded any matter likely to become the subject of political propaganda or any criticisms on the administration of the prison or any reference to other persons confined in prison.

The petitioners argue that the SP misinterpreted the article written by Teltumbde as in no way did it further any political propaganda or speak against the prison administration. Therefore, the embargo on the accused's communication in response to the article is "illegal, harsh and in gross abuse and misuse of powers," the petition puts forth.