No Telephone Facility For Terror Accused: Maharashtra Prisons To Bombay High Court In Gautam Navlakha's Plea For Video Calling Facility

Opposing Journalist Gautam Navlakha's plea for video calling facility, the Maharashtra State's prison department informed the Bombay High Court that undertrials and convicts imprisoned under terror related offences under UAPA, MCOCA, sedition and naxalism are ineligible for even regular telephone calls. However, the accused can continue to write letters and meet family members and legal counsel physically. Further, certain convicts on death row can also use the coin box facility to speak to their family members. However, those convicted of terror related offences, cannot avail of these facilities, the Inspector General's Circular from March 25, 2022, said. These calls are allowed twice a month for ten minutes. The circular was presented before the bench led by Justice Nitin Jamdar hearing a plea by the 70-year-old accused of links with the banned CPI(M) imprisoned in the Bhima Koregaon – Elgar Parishad Case. Navlakha has sought resumption of the video calling facility provided to all prison inmates during the pandemic. He seeks to video call his partner, Sahba Hussain who is based in Delhi and speak to her for fifteen minutes twice a week. Navlakha said he used the facility for a year without a single complaint against him. However, after the State submitted the fresh circular issued earlier this year, Navlakha's lawyers Yug Mohit Chaudhry and Payoshi Roy said the facility was being allowed during the pandemic. In response, the court said that it was only hearing Navlakha's appeal after his plea was rejected by the Special NIA court. sought time to take instructions. The matter was then adjourned to August 2 for further consideration. A PIL seeking similar reliefs of calling facilities for all convicts is pending before the Chief Justice's bench of the Bombay High Court. The coin box facility was initially started for convicts in Maharashtra prisons in 2015. During the pandemic smart phones were purchased and all prison inmates were allowed to video call their families as physical meetings were stopped and accused were also not being physically produced before the court. Eventually video calling was stopped. However, on a representation made by an accused, a meeting was convened in December 2021 and it was decided to widen the scope of the coin-box facility. Accordingly, in the circular dated March 25 except for undertrials and convicts in terror, sedition and naxalism offences, all other undertrials were allowed the coin box facility. However, there are certain other category of prisoners for whom the facility isn't made available - like foreigners intending to make international calls or it wouldn't be allowed to an inmate who misbehaved in prison for six months thereafter. Bhima Koregaon The septuagenarian, along with 14 other civil liberties activists, is accused under the stringent Unlawful Activities (Prevention) Act (UAPA) for allegedly furthering the banned CPI(M)'s agenda and conspiring to overthrow the government. Evidence in the case is mainly in electronic form. The NIA accused them of instigating the caste violence that erupted at Bhima Koregaon, a war memorial cite in Pune, on January 1, 2018.

No Telephone Facility For Terror Accused: Maharashtra Prisons To Bombay High Court In Gautam Navlakha's Plea For Video Calling Facility

Sharmeen Hakim

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