The Delhi High Court denied on Saturday the plea filed by jailed Delhi minister Satyendar Jain for having special meals in accordance with his religious beliefs. The court claimed in its order that Tihar Jail's records prima facie demonstrate that prison officials were offering preferential treatment to Satyneder Jain, a Delhi government minister, by providing him fruits and vegetables, in violation of DPR 2018, news agency ANI reported.
On Satyender Jain's claim that he has lost 28 kgs of weight in Tihar, Special Judge Vikas Dhull stated on Saturday that Satyender Jain's weight loss is due to his failure to consume regular food and that the Tihar Jail Administration is not liable for the same.
"There is no basis to direct the Director General of Prisons and the Superintendent of Tihar Jail to provide fruits, vegetables, and dry fruits to the applicant Satyendar Kumar Jain. Accordingly, the application is dismissed," the court order said.
"I would like to observe that as and when the applicant shows his desire to observe a religious fast, as enjoined by his religion, then he shall inform the jail administration about the same in writing, and thereafter, the jail administration will decide the applicant's request, keeping in view of Rule 1142 of DPR 2018, and in case, the applicant is permitted to keep a religious fast, then he shall be provided food articles as alloted," Special Judge Vikas Dhull said, ANI reported.
There is no need to interfere with the medical officer's advice dated November 11, 2022, to stop Satyender Jain's dry fruits, the court stated, stressing that the medical officer is the appropriate person to advise the prescribed diet to the convicts after studying the health of the inmates/prisoners.
During the arguments, Tihar lawyer Abhijeet Shankar made it clear that dry fruits are not permitted in jails and cannot be substituted for a proper meal. However, if the medical officer prescribes dry fruits as a supplement for a specific period of time under such situations, such convicts may be allowed to consume them for a limited duration.
The court had previously sought a report from Tihar on what food Satyendar Kumar Jain had been provided in the previous six months, whether he had been on a religious fast for the previous 5-6 months, and whether the diet he was given had been discontinued in the preceding 10-12 days.
Senior Advocate Rahul Mehra appeared for Satyendar Jain and asked, "Under what provision do they say I can't go for indefinite fasting? We're in a country where everyone is free to profess their own religion. No one can actually stop me from professing my religion. I'm not even getting basic food in jail; are my human rights also taken away?"
Previously, Rahul Mehra refuted ED charges that Jain received preferential treatment in Tihar Jail, saying, "What privilege are they talking about? I've lost 28 kgs in jail. Is this what a privileged person in jail gets? I'm not even getting proper food. What privilege are they talking about?"
Satyendar Jain filed an application in a Special Court last week seeking contempt action against the Enforcement Directorate. Despite the undertaking given in court, Jain's legal team claimed that the ED had leaked the CCTV video.
(With Inputs From ANI)