Aastha Pareek
The Delhi High Court on January 16, 2025, has taken a prima facie view that the denial of regular telephonic and electronic communication to prisoners involved in terrorist activities and offenses under the Maharashtra Control of Organized Crime Act (MCOCA) and Public Safety Act is not arbitrary or unreasonable in the case of Syed Ahmad Shakeel v. Central Jail No. 8, Tihar Jail & Anr.
A Division Bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela passed this observation while hearing W.P. (CRL) 123/2025, a petition filed by Syed Ahmad Shakeel. The petitioner challenged the constitutional validity of Rule 631 of the Delhi Prison Rules, 2018, which restricted phone call access for prisoners involved in crimes against the State, terrorism, and other heinous offenses, citing concerns over public safety and order.
The Rule states that such prisoners “shall not be eligible for this facility in the interest of public safety and order.” However, it provides discretion to the Jail Superintendent, with prior approval from the Deputy Inspector General (Range), to grant access on a case-to-case basis. The Court noted that the rule is not absolute and allows flexibility where public interest is not compromised.
The petitioner’s counsel, Mr. Chinmay Kanojia, Mr. Pravir Singh, and Mr. Nilanjan Dey, argued that a circular dated September 2, 2022, was issued to regulate the inmates’ phone call system. However, the petitioner, who was previously allowed five calls per week, is now restricted to one call per week, whereas other undertrial prisoners can make one call per day. The petitioner further claimed that he had been denied all contact with his family since April 2024, leading to allegations of discriminatory treatment.
Taking note of these submissions, the Court issued notice on this aspect, with the matter listed for the next hearing on April 1, 2025.
Case Name:- Syed Ahmad Shakeel v. Central Jail No. 8, Tihar Jail & Anr.
Case Number:- W.P.(CRL) 123/2025
Bench:- Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela