The Delhi High Court has observed that restricting regular telephonic and electronic communication for prisoners facing charges under terror laws, MCOCA, and other serious offences is not prima facie arbitrary.

A bench comprising former Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela cited Rule 631 of the Delhi Prison Rules, 2018, which explicitly restricts such facilities in the "interest of public safety and order." The Court emphasized that the guiding principles behind this provision could not be faulted.

In its order dated January 16, the Court stated, “Prima facie, the denial of regular telephonic and electronic communication to a prisoner involved in terrorist activities or offences under MCOCA and the Public Safety Act, without adequate safeguards, cannot be deemed arbitrary or unreasonable.”

Rule 631 applies to individuals accused of offences against the state, terrorist activities, and crimes under laws such as the Maharashtra Control of Organised Crime Act (MCOCA), National Security Act, and Public Safety Act, among others. As per the rule, those charged under these provisions are ineligible for telephonic and electronic communication facilities.

However, the Court clarified that the rule does not impose an absolute ban. It grants the jail superintendent the discretion to approve communication facilities in specific cases, subject to prior approval from the deputy inspector general.

The Court further noted that where public safety and order are not at risk, the rule allows for regulated access to communication facilities even for prisoners accused of serious offences.