Court rejects Jain’s plea for food in line with religious beliefs: ‘Got preferential treatment’

A Delhi court on Saturday denied Aam Aadmi Party (AAP) minister Satyendar Jain’s request for food according to his religious beliefs in Tihar jail as it said Jain was prima facie being given “preferential treatment” inside the prison in violation of rules, which had now stopped.

The observation by special judge Vikas Dhull came as the court dismissed Jain’s plea, which sought direction to Tihar officials to provide him special food items according to his religious beliefs.

The court said prison officials were giving “preferential treatment” to the AAP leader since he was a minister in the Delhi government.

Remarking that the state cannot provide any special privileges to anyone in the country, judge Dhull said the court’s reasoning of preferential treatment to Jain was fortified by the fact that the DG (Prisons) and around 26 officials of Tihar Jail No. 7 have been transferred and the superintendent of the jail has been suspended. Jain is lodged in Jail No. 7 since May 31 after being arrested by the Enforcement Directorate in a money-laundering case.

“The very fact that Jain is now purchasing fruits and vegetables from the jail canteen with effect from November 3 as per the bills filed on record by the Tihar Jail Administration and has filed this application (for fasting food) after suspension/transfer of officials of Tihar Jail administration prima facie establishes on record that the incumbent Tihar Jail Officials have stopped providing preferential treatment to the applicant, which was being given earlier to the applicant, in violation of the DPR 2018,” the court said in its 11-page order.

The judge said that prior permission has to be taken by a prisoner for keeping a religious fast and if the prisoner is permitted to a keep religious fast, only then cane extra articles of food such as fruits and vegetables be provided to inmates as per rules.

“In the present case, neither there is any 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, as enjoined by his religion and ordering for providing fruits/vegetables to the applicant. 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 court also said Jain’s weight loss cannot be attributed to the Tihar jail administration as he was not consuming regular food since the day of his incarceration.

“Even a dietician prescribes a fruit and vegetable diet when a person intends to lose weight. Jain is also not following the advice given by the Medical Officer, Tihar Jail on November 11 to take regular meals, even though the applicant has himself asserted that as per Rule 342 of DPR 2018, he needs to be provided diet... Therefore, the loss of weight of the applicant is on account of him not consuming regular food and Tihar Jail

Administration is not responsible for the same,” the order read.

Rejecting Jain’s contention that he was being provided with fruits, vegetables, seeds, dates, etc., by the Tihar jail administration due to his religious beliefs for the past fivesix months, the court said that in his plea, Jain asserted that since he was not consuming regular food due to his being on religious fast, therefore, for the past six months, he was surviving on fruits, vegetables and dry fruits, which he purchased from his own quota of ration available to all inmates.

“Therefore, own averments made by the applicant demolishes his case that Tihar Jail Administration was providing him fruits/ vegetables as per his religious belief,” the court said, adding in case Jain shows his desire to observe a religious fast, he shall inform the administration about it in writing. The jail administration can then decide on his request.

THE COURT SAID JAIN’S WEIGHT LOSS CANNOT BE ATTRIBUTED TO JAIL STAFF AS HE WAS NOT EATING REGULAR

FOOD SINCE HIS INCARCERATION