A Delhi court on Saturday said that jailed AAP minister Satyendar Jain was receiving preferential treatment in Tihar Jail before the guilty officials were transferred. The court made this comment while dismissing Jain’s application seeking direction to the jail authorities to provide him with special foods like dry fruits for his religious beliefs.
Dismissing the plea, 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 is a violation of jail rules and Article 14 of the constitution. According to the rules, inmates can be served only regular meals prepared in jails, but they can purchase other items like fruits and vegetables from the jail canteen.
Saying that the government cannot provide special privileges to anyone, the court noted that the Tihar Jail records show 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. The judge said that there was no official order to provide fruits and vegetables to the jailed AAP leader, therefore it was violation of rules.
“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.
The court said that the preferential treatment given to Jain is established by the fact that after 26 officials of Jail No.7 were transferred and the Superintendent of Jail No.7 was suspended, Jain started to purchase fruits and vegetables from the canteen regularly. This prima facie shows that officials of jail no 7 were providing preferential treatment to Jain by providing fruits and vegetables, the judge observed.
“The very fact that applicant is now purchasing fruits and vegetables from the jail canteen w.e.f. 03.11.2022 as per the bills filed on record by the Tihar Jail Administration in Annexure “A” and has filed this application 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.
On the claim of Satyendar Jain that he has lost 2 kg of weight in one week and 28 kg in total in jail due to lack of fruits, vegetables and dry fruits, the judge pointed out that Jain himself said that he is not taking regular food in the jail. “A person, who does not consume regular food is bound to lose weight. Even a dietician prescribes fruits and vegetable diet when a person intends to lose weight,” the judge said. He further said that Tihar Jail can’t be held responsible for this loss of weight as he is not consuming regular food.
On the request of dry fruits which was stopped earlier this month, the court said that he can’t be given dry fruits because doctors have advised against it. The jail medical officer examined Jain on November 11 and advised to stop giving him dry fruits based on his health condition, and also advised him to take regular fruit. Therefore, the court can’t go against medical advice to order jail authorities to provide him with dry fruits, the court order said.
It is notable that Satyendar Jain’s stay in Tihar Jail has become controversial after numerous CCTV footage appeared showing how he was getting VVIP treatment in the jail cell. He was getting regular massages, was served bottled water and special food, and a TV was also seen in the cell. Jain had already moved the court seeking to prevent the publication of CCTV footage of his jail cell.
