The Delhi court on Saturday dismisses the application of Satyendra Jain seeking direction to provide him with special foods like dry fruits for his religious beliefs in Tihar Jail Barrack.
Dismissing the application, the court of Special Judge Vikas Dhull said that Jain was being extended preferential treatment by jail officials by providing him fruits and vegetables, which violates the jail rules and Article 14 of the constitution. As per the jail rules, inmates can be served only regular meals prepared in jails, but they can purchase other items like fruits and vegetables from jail canteen.
The court further said that the government cannot provide special privileges to anyone, and it is also noted by the court that according to Tihar Jail record shows that Satyendar Jain didn’t purchase any fruit and vegetable from the jail canteen during the period August 20 to October 10, except on one occasion. And as per the court there was no official order to provide fruits and vegetables to the Satyendar Jain, therefore it was violation of rules.
Further the court said that, in the above context that “This court prima facie believes that the fruits/vegetables were being provided without there being any order of DG Prison or any authority, to the applicant in violation of the DPR 2018, by the staff of Tihar Jail no.7, where the applicant was lodged. 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. Article 14 of the Constitution of India, 1950 provides for Equality before Law, which basically means that all persons should be treated equally no matter whether they are poor or rich, male or female, upper caste or lower caste,”.
The court said that the Satyendar Jain started to purchase the fruits and vegetables after 26 officials of Jail No.7 were transferred and the Superintendent of Jail No.7 was suspended.
