The Patiala House Court on Wednesday directed the Delhi Police to file a comprehensive reply on the application filed by Chaitanyanand Saraswati, who has sought permission to receive his sanyasi robe and spiritual books in jail.
The court asked the police to cite the relevant provisions of the jail manual while filing the response.
The matter will be heard again on Monday.
Court Questions Police Reply
Judicial Magistrate First Class Animesh Kumar observed that the reply submitted by the Investigating Officer (IO) was incomplete and lacked references to the jail manual’s provisions on clothes and books.
The court remarked,
“Prima facie, it appears that there is no prohibition on clothes and books, so how can I prohibit?”
Advocate Manish Gandhi, appearing for Saraswati, argued that undertrial prisoners are allowed to wear clothes of their choice as per the jail manual. He also requested that the court direct the jail authorities to provide extra bedding, noting that the accused is over 65 years old and suffers from health issues.
Court Disapproves Of ‘Unwanted Comments’
The judge also took note of inappropriate remarks in the police reply, which stated that the accused “doesn’t deserve the privilege of wearing religious clothes.” The court said such comments were unwarranted and reminded the police that replies should strictly adhere to official rules.
“We don’t have any right to make any such comments. The reply should be as per the jail manual,” the court stated.
In a separate application, Saraswati sought a copy of the seizure memo related to the investigation. The court has directed the police to submit a proper reply on this issue as well, with a hearing scheduled for Friday.
The court further ordered that the interim relief—allowing Saraswati to receive sanyasi food and medicines—shall continue until the next hearing.
Case Background
On October 4, the Delhi Police sought additional time to respond to Saraswati’s two applications, which requested access to sanyasi food, attire, spectacles, medicines, and books, and the supply of a seizure memo.
Saraswati’s counsel argued that under the Bharatiya Nagarik Suraksha Sanhita (BNSS), there is no restriction on providing the accused a copy of the seizure memo, expressing concern that the seized documents could be used in another case.
However, the Additional Public Prosecutor (APP) opposed the plea, stating that guidelines prohibit sharing a seizure memo before filing the charge sheet.
Earlier, on October 3, the Patiala House Court had remanded Chaitanyanand Saraswati to 14 days’ judicial custody, till October 17.
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