The Patiala House Court in Delhi on Thursday dismissed a petition filed by Tahawwur Hussain Rana, a Pakistani-Canadian accused of terrorism, seeking permission to communicate with his family over the phone while in custody.
Special NIA Judge Chander Jit Singh delivered the verdict, turning down Rana’s request.
Rana Cites Fundamental Right To Communicate
Rana’s counsel, Advocate Piyush Sachdeva, argued that his client, being a foreign national, has the fundamental right to speak with his family, who are reportedly distressed over his welfare during detention.
“He has the right to communicate with his family, who are anxious about his treatment while in custody,” Sachdeva had previously told the court.
NIA Opposes, Cites National Security Concerns
The National Investigation Agency (NIA) strongly opposed the application, expressing concerns that Rana might share sensitive information that could compromise the ongoing investigation. The agency emphasized the gravity of the allegations against Rana and warned that even a brief telephonic conversation could pose a threat to the integrity of the case.
Earlier in the week, the court had issued notice to the NIA in response to Rana’s application, seeking the agency’s official stance.
Extradited From The US, Accused Of Major Terror Plot
Rana, a former military doctor, was extradited from the United States to India on terrorism charges. He has previously been linked to terror-related activities and is now under investigation for an alleged large-scale terror conspiracy involving multiple cities and possible international targets.
During a recent remand hearing, the court acknowledged substantial preliminary evidence pointing to a wide-reaching terror plot. It stressed that the charges directly affect national security and justify extensive interrogation, including confrontation with witnesses and analysis of seized documents, especially those tied to surveillance and reconnaissance missions.
Considering the seriousness of the accusations, the court granted the NIA an 18-day police custody remand. It also directed strict adherence to legal safeguards, such as conducting medical examinations every 48 hours, in line with standard custody protocols and assurances made during Rana’s extradition.
The court emphasized that Rana must receive adequate medical care due to his reported health concerns and in accordance with guidelines established during his transfer from the US.
Charges Under IPC & UAPA
Rana faces multiple charges under the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act (UAPA), including conspiracy, terrorism, forgery, and waging war against the nation.
The court clarified that, under extradition laws, he can only be tried for offences explicitly allowed under the extradition agreement. Given that Sections 16 and 18 of the UAPA are invoked, the court also acknowledged that extended police custody beyond standard limitations is permissible due to the terrorism-related nature of the case.
Read More: Supreme Court, Delhi High Court, States High Court, International
