DHC Issues Notice On Shabir Shah’s Plea Seeking Resumption Of Telephone Facility In Custody

The Delhi High Court on Wednesday issued a notice to the National Investigation Agency in response to an interim application filed by Kashmiri separatist leader Shabir Ahmad Shah.

Shah, currently in judicial custody in a terror case lodged by the NIA, has sought the resumption of the e-Mulakat facility as an interim relief.

Justice Girish Kathpalia directed the NIA to respond to Shah’s plea, scheduling the matter for hearing on May 1. Shah’s main petition regarding the issue is set for hearing on May 22, 2025.

Case Background

During the hearing, advocate Prashant Prakash, representing Shah, argued that the special NIA court’s order withdrawing the e-Mulakat facility had been challenged. He pointed out that the facility had been previously granted for a limited period but was later withdrawn.

Shah’s counsel further submitted that his wife had met him in jail and that he was suffering from various ailments. Given his health condition, he should be allowed access to the e-Mulakat facility as interim relief.

NIA’s Opposition To E-Mulakat

On behalf of the NIA, Additional Public Prosecutor (APP) Akshay Malik opposed the plea, stating that inmates accused of terror-related offenses are not permitted to use the e-Mulakat facility. He argued that, given the nature of the allegations against Shah, he should not be granted this privilege.

Main Petition Against Circular Mandating NOC

In his main petition, Shah has challenged a circular requiring a No Objection Certificate (NOC) from the prosecuting agency to avail of telephone and e-Mulakat facilities in Tihar Jail. The Delhi High Court had issued a notice regarding this petition on November 22, 2024, and the NIA has already filed a reply. The matter is scheduled for a final hearing on May 22, 2025.

The petition was filed through advocate Prashant Prakash, while advocate MS Khan argued that the e-Mulakat facility had been available earlier but was revoked following the circular’s issuance.

Debate Over Responsibility For Facility Suspension

Senior advocate Siddharth Luthra, appearing for the NIA, contended that the issue was not directly connected to the NIA but was under the jurisdiction of the DIG Range. He stated that prior permission from the Commissioner of Police, Delhi, was required for inmates to access telephone and e-Mulakat facilities and urged the court to implead the Commissioner as a party in the case.

Conversely, Shah’s counsel argued that the NIA was the relevant prosecuting agency and, as such, its NOC was required for reinstating the facility.

Circular & NIA Addendum

The petitioner has highlighted a circular issued by the Delhi Government on April 22, 2024, which introduced clarifications to standardize the phone call and e-Mulakat facilities across all Delhi prisons.

Additionally, on May 22, 2024, the NIA issued an addendum to this circular, stating that the e-Mulakat and telephone facilities should only be allowed after obtaining an NOC from the investigating agency. Prisoners who were already availing the facility were permitted to continue until an NOC was obtained.

On May 24, 2024, the NIA responded to the petitioner’s request, explicitly denying consent for providing e-Mulakat and telephone access to Shah.

The matter now awaits further deliberation in court, with the interim relief plea scheduled for hearing on May 1, and the main petition set for May 22, 2025.

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