Gautam Navlakha, an accused in the Elgar Parishad case, cannot be allowed to make phone calls as he is facing terrorism charges and is booked under stringent sections of the Unlawful Activities (Prevention) Act (UAPA), said the Maharashtra government on Wednesday.
The government informed the Bombay high court (HC) that persons booked under Special Acts like UAPA cannot avail of telephonic communication facilities including the accused in the Elgar Parishad case.
A division bench of justices Nitin Jamdar and Arun Pednekar were hearing a petition filed by Navlakha seeking that he be permitted to make phone and video calls while in prison.
Public prosecutor Sangeeta Shinde submitted a resolution issued on March 25 which imposed such a prohibition on inmates. According to the resolution by the Maharashtra Inspector General of Police, a coin box facility is available for inmates to make phone calls in prisons, including the Taloja prison in Navi Mumbai where Navlakha and his co-others accused are lodged.
However, the resolution has listed 10 categories of undertrials and convicts who are not allowed access to the coin box facility. The first category is of those undertrials who face charges of terrorism or conspiring against the nation, state and the government.
The chargesheet filed by the National Investigation Agency (NIA) in the case has alleged that Navlakha and his co-accused were part of a banned terrorist organisation or such outfits that acted as a "front" for banned organisations. It further alleges that the accused conspired to "overthrow" the Union government.
During the hearing on Wednesday, Navlakha’s advocate, Yug Chaudhary argued that denying phone call access to Navlakha was a breach of his fundamental right to life. Navlakha said his partner was a senior citizen and lived in Delhi and it was not possible for her to visit him often in the prison.
However, Shinde argued that the state prison manual only prescribed making available “reasonable facilities” for communication to inmates. She said: “He (Navlakha) has the option of writing letters and physical meetings are also allowed for all inmates.”
The judges clarified that since the proceeding before them was an appeal against the NIA Court order refusing telephonic communication, they would not be looking at the validity of the circular.
The HC has kept the matter for hearing on August 2.
Navlakha’s plea states that the video call (VC) facilities had been extended to all inmates during the last two years because of the Covid-19 pandemic protocol. Since the physical meetings have resumed in prisons across the state, the VC facility has been withdrawn, states his plea.
