State can't provide special privileges to anyone: Delhi Court dismisses Satyendra Jain plea for food in jail as per religious beliefs

The Rouse Avenue Court at Delhi on Saturday dismissed a plea filed by former Delhi Minister Satyendra Jain asking Tihar Jail authorities to provide him food according to his religious beliefs, noting that the State cannot provide any special privileges to anyone in the country..Special Judge Vikas Dhull dismissed the plea filed by Jain, while stating that no ground is made out to direct the Director General (Prison) and Superintendent, Tihar Jail to provide fruits, vegetables and dry fruits to Jain..Jain, who has been in jail since May this year in connection with a money laundering case, claimed that being a strict adherent of Jainism, he is on a religious fast, and therefore cannot consume cooked food or pulses..The judge noted that as per jail rules, it is apparent that inmates who observe religious fast may be provided extra articles of food like fruit/potatoes, as may be allowed by the orders of the government.However, in the present case, there is no request placed on record by Jain showing his desire to keep fast nor any order of DG, Prison or of any authority permitting him to keep religious fast, the Court said."Therefore, as per DPR 2018, there was no order to the effect of providing the applicant with fruits/vegetables, on account of his religious fast by Tihar Jail Administration," the judge said..The judge also took into consideration the fact that Jain and jail authorities claimed that he was purchasing fruits/vegetables from the jail canteen. However, no billing record was available.Hence, the court prima facie believed that the fruits/vegetables were being provided without there being any order of the DG Prison or any authority, to the Jain in violation of the Delhi Prisons Rules, 2018."The providing of fruits and vegetables to the applicant was in violation of Article 14 of the Constitution of India, 1950 as State is bound to treat all the prisoners equally and there can be no discrimination on the basis of caste, creed, sex, religion, status etc," the court said..In his plea moved on November 22, Jain stated that he has been surviving only on raw fruits, vegetables and dry fruits, a diet which was also prescribed by his doctors.However, for the last 12 days, the jail authorities have stopped providing these items, it was contended in plea..All this, he claimed has breached his fundamental rights."The jail authorities are functionaries of State and as such cannot take away the right to life and health-physical or mental as envisaged under Article 21 of the Constitution of India. I am denied the most basic facilities such as medical check-up, a decent died as per the religious belief and a dignified life while undergoing trial," the plea said..He claimed that he lost around 28 kilograms in the last six months and two kilograms in the previous week from when the supply of his food items was stopped.With respect to this, the judge said, the weight loss cannot be attributed to the Tihar Jail Administration. "The reason for the same is that as per the own assertion made by the applicant, he is not consuming regular food in Tihar Jail since the day of his incarceration. A person, who does not consume regular food is bound to lose weight. Even a dietician prescribes fruits and vegetable diet when a person intends to lose weight," the order stated..The plea emphasised the fact that Jain is an undertrial prisoner and cannot be made to starve or relinquish his religious beliefs."The restriction on liberty imposed by law does not take away right to life, health and dignity enshrined under the Constitution of India and that he is entitled to basic human rights behind bars. Should any medical mishap concerning my health would occur the Jail Authorities would be solely responsible for the same," the plea added..[Read Order]