Delhi HC dismisses Natasha Narwal, Devangana Kalita's plea for video calling & other facilities at Tihar Jail
The Court was hearing a petition filed by Natasha Narwal and Devangana Kalita during the Covid-19 pandemic.
The Delhi High Court on Thursday dismissed a petition filed by Natasha Narwal and Devangana Kalita, who were arrested in connection with the 2020 North-East riots, seeking various facilities such as video calling or e-mulaqats, dietary needs, daily telephonic interaction, and internet access for all inmates in Tihar Jail.
The bench of Justice Prathiba M. Singh noted that the plea primarily concerned facilities to be provided during the pandemic, and that because the restrictions imposed during Covid-19 were no longer applicable, the petition became infructuous.
“The petition has run its course. It has become infructuous now”, the single-judge bench said.
Natasha Narwal and Devangana Kalita filed the present plea in 2020 highlighting the issues which the under-trial inmates faced in Tihar Jail and sought reforms.
Both were granted bail by the High Court in June 2021. However, a petition challenging their bail is pending consideration before Supreme Court.
During the hearing, Advocate Gautam Narayan appearing for the Director General, Prisons submitted that as per the circulated dated December 26, 2022, of the Tihar Jail, the calling facility has been made available for foreign inmates unless they are covered under the exception.
The circular also stated that in the interest of public safety and order, prisoners involved in offences against the state, terrorist activities, the Maharashtra Control of Organized Crime Act (MCOCA), National Security Act, Public Safety Act, and other heinous offences are not eligible for the facility.
Noting that both the petitioners have an apprehension that the Supreme Court might cancel their bail, and the facilities might not be resumed, Justice Singh granted them the liberty to approach the High Court again, in case such a situation arises. Accordingly, the court disposed of the instant plea.
Case Title: Natasha Narwal & Anr. v. State of NCT Delhi & Anr.
Statute: The National Security Act, 1980; The Public Safety Act, 1978; The Maharashtra Control of Organized Crime Act, 1999