Court asks jail authorities to allow thrice-a-week call facility to Umar Khalid

A court here on Monday has directed Tihar prison authorities to provide inmate telephone call facility for five minutes thrice a week to seven accused including Sharjeel Imam and Umar Khalid in a case linked to the 2020 Northeast Delhi riotsThe court however pulled up the jail administration for wrongly granting the accused who were facing charges under UAPA the call facility on a daily basis for five minutes from the beginning of judicial custody saying it must set its house in order follow the rules and maintain consistency without any discriminationAlso readBombay HC disposes of PIL seeking financial assistance for all persons bitten by snakes and scorpionsKhalid Imam Gulfisha Fatima ShifaurRehman Sharjeel Imam Tasleem Ahmad and Athar Khan had filed applications for the continuation of the daily five minutes phone call facility for conversing with their families that had been revokedOn Monday another accused Meeran Haider also applied to the restoration of inmate daily phone call facilitiesAll accused are incarcerated in the case regarding the larger conspiracy behind the 2020 northeast Delhi riots that is being probed by the special cell of Delhi policeldquo Considering the overall situation and the conduct report the present applications are disposed of with the directions to the jail superintendents concerned to provide the accused or applicants with the said inmate telephone call facility for five minutes for conversing with their family members thrice a weekrdquo Additional Sessions Judge Amitabh Rawat saidOther conditions of the facility according to the prison rule and a circular had to be followed by the jail superintendents the judge addedThe court which had earlier sought the conduct report of the six applicants noted that the conduct of five applicants was satisfactory while Fatima had been issued a warningThe court noted the arguments of the applicants that since the beginning of their judicial custody they were provided a fiveminute phone call facility to converse with their family members on a daily basis which was then stoppedIt said that according to Rule 631 of Delhi Prison Rules prisoners or undertrial prisoners involved in offences against the state terrorist activities etc were not eligible for inmate telephone call facility in the interest of public safety and orderFrom the reading of the said rule it appears that the applicants who are at present involved in the Unlawful Activities Prevention Act are not eligible for this facility in terms of the said existing ruler However it remains a fact that all the accused persons have been granted this facility on a daily basis for five minutes from the beginning of judicial custody the court saidBut there were some instances of different approaches by different jail superintendents and the Law Officer Prison HQ conceded that the approach of the jail authority was not fair and correct and was in disregard of the prison rulesThe Tihar jail administration concerned must set its house in order and follow the rules and at the same time maintain consistency without any discrimination against any individual accused the court saidIt said the relaxation to Rule 631 could be provided by the Jail Superintendent who could take proper decisions on a casetocase basis on prior approval of the deputy inspector general Range and also by a competent courtThe court is conscious of the fact that if such facility is provided on a daily basis to the accused persons and while also considering the fact that considering the said rule this should apply not only for accused in this case but for all the accused persons in similar offences the rule itself will get defeated the court saidThe court however was conscious of the fact this facility was being provided continuously to the accused persons from the beginning even if wrongly provided by the Tihar Jail administration the court saidIt directed a copy of the order be sent to the director general prison for onward transmission to the Jail Superintendents concerned for information and complianceThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever