New Delhi, Jun 8 (ILNS) A Delhi Court today dismissed a petition filed by Olympic Wrestler and murder-accused Sushil Kumar, seeking special food and supplements, saying that persons, whether natural or juristic, are equal in the eyes of law, irrespective of their caste, religion, sex or class.
Chief Metropolitan Magistrate (Rohini Court) Satvir Singh Lamba said, “The Right to equality is a basic feature of Indian Constitution. It implies the rule of law.
“It also implies absence of any special privilege in any person due to his rank, status, whether rich or poor, etc. The law should be equal and should be equally administered, that like should be treated,” the Court added.
The CMM (Rohini Court) observed that all the basic needs and necessities of the accused are being taken care of, as per the provisions of Delhi Prisons Rule, 2018.
“The alleged special foods and supplements appear to be only the desires and wishes of the accused and are not in any manner the essential need or necessity for the accused,” added the Court.
Advocate Pradeep Rana, Counsel of the Gold Medalist, said that the accused has won several medals for the country and is a national hero; he then contended that the accused is innocent unless his guilt is proved before any court of law.
It was further contended that Kumar still wishes to continue his career in wrestling and the alleged false implication should not lead to the end of his career in wrestling.
In the above statements, the Counsel sought the permission of the court for supply of special foods and supplements, which contain protein, Omega-3 capsules, jointment capsules, Pre-workout C4, Hyde, Multivitamin GNC and Exercises Bands for his future career in wrestling and survival.
The Additional Public Prosecutor, as well as the Jail Superintendent (Tihar), while arguing against Kumar’s request, stated that the desire of the accused for special food supplements or extra protein tantamounts to discrimination among the prisoners lodged in the prison.
It was further contended that allowing such a kind of application may invite a flood of applications from many more prisoners, who can afford such types of diets at their own expense. The APP pointed out that the requirement of a prisoner shall not be decided on his previous lifestyle and the facilities regarding the food and other aspects are governed as per the Delhi Prisons Rules, 2018.
The Court observed that Mr Rana’s Counsel for reasons best known to him relied upon few judgements with regards to Delhi Prison Rules, 1988 and Delhi Prison Act, 1894, which was repealed after Delhi Prison Rules, 2018 and Delhi Prison act, 2000 came into force, repealing the old laws respectively.
It was also observed by the court that the accused wants to pursue his career in wrestling, however, he has neither disclosed the details of any upcoming competition for which he has been qualified to participate, nor has mentioned the name of any competition, in which he is participating in the near future.
The Jail authorities also assured the Court that all undertrial prisoners, including the accused, are getting a balanced and healthy diet without any discrimination and the same was not disputed by the accused. ILNS/AKS/RJ