[Gautam Navlakha plea] Prisoners in sedition, UAPA cases not entitled to telephonic facility in jail: Maharashtra to Bombay High Court

Undertrials or convicts who are in prison for offences like sedition, terrorism under Unlawful Activities Prevention Act (UAPA) or for heinous crimes cannot avail telephonic facilities in the jail, the Maharashtra prison authority told the Bombay High Court on Wednesday..Such prisoners are, however, permitted to meet their family and relatives and exchange letters, public prosecutor Sangeeta Shinde told the Court. Consequently, activist Gautam Navlakha, who is accused of offences under the UAPA for his alleged role in the Bhima Koregaon violence, cannot be permitted make phone calls from the prison, it was submitted.The submissions were made in the appeal filed by Navlakha challenging an order of the lower court, which had rejected his application for telephonic communication.Shinde relied upon a circular issued by the Inspector General of Maharashtra Police on March 25, 2022 which specified conditions under which a coin box facility was made available for prison inmates under specific circumstances.She, however, clarified that since Navlakha was accused under the UAPA, he could not be permitted to use the telephone facilities available in prison..Navlakha’s lawyer, advocate Yug Mohit Chaudhari, informed the Court that the telephonic conversations were being allowed for two years when the COVID-19 pandemic was going on but it was stopped after physical meetings came to be allowed.He contended that Navlakha’s partner was a resident of Delhi and a senior citizen who could not travel to Mumbai frequently physical visits. He also argued that denial of phone calls was a breach of Navlakha’s fundamental right..A bench of Justices Nitin Jamdar and Arun Pednekar, however, said that since this is an appeal against a lower court order, it could not hear the plea like a writ petition and decide on the constitutionality of the circular.The High Court posted the matter for further hearing on August 2, for the petitioners to consider their further course of action..Navlakha was taken into custody in 2020 by the National Investigation Agency and is currently lodged in Taloja Central Prison since.Navlakha has assailed an order of the Special NIA Court at Mumbai which had rejected his application seeking access to telephone in prison.The NIA Court reasoned that since prison rules did not permit access, Navlakha’s application could not be allowed.