NEW DELHI: The Delhi High Court has asked the National Investigation Agency (NIA) to respond to a petition challenging restrictions on phone calls and e-mulaqat (virtual meetings) for persons arrested under the Unlawful Activities (Prevention) Act (UAPA). The challenge is directed at Rule 631 of the Delhi Prison Rules, 2018, along with related directives that impose communication limits on certain inmates.
The petition has been filed by Basit Kalam Siddiqui, who is in custody for his alleged link with an IS-linked conspiracy. He, through his lawyer, has said that prison regulations unfairly limit his ability to communicate with his family and legal representatives, violating his fundamental rights under Articles 14, 21, and 22 of the Constitution.
His counsel, Advocate Kartik Venu, has contested the constitutional validity of Rule 631 and three circulars that reinforce communication restrictions — September 2, 2022: Limits UAPA detainees to one phone call a week, while regular prisoners are allowed five calls; December 26, 2022: Reduces e-mulaqat sessions for UAPA inmates to one per week, compared to the usual two sessions; April 22, 2024: Introduces a requirement for prisoners to obtain a No Objection Certificate from the investigating agency before using phone or virtual meeting services.
The case is being heard by a division bench of Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela, which has decided to club the petition with similar pending cases for a broader review of the restrictions.
The petitioner said despite securing a trial court order on April 13, 2023, allowing him two phone calls per week, prison authorities have continued to deny him both phone and virtual meeting privileges.
The petition is part of a legal challenge regarding prison communication restrictions imposed on UAPA detainees.