Court rejects sushil’s plea seeking special food and supplements
In this post, we will discuss about the case in which the Delhi court on 9th June 2021 dismissed a plea by champion wrestler and Olympic medalist Sushil Kumar, who is currently in judicial custody for the murder of fellow wrestler Sagar Dhankar, seeking special food and supplements while in jail.
Facts of the case: Sushil Kumar and his associates are in custody for allegedly assaulting Sagar Dhankar and two of his friends, Sonu Mahal and Amit Kumar, at the Chhatrasal Stadium on the intervening night of May 4 and 5 allegedly over a property dispute. Twenty-three-year-old Dhankar succumbed to injuries later. Sushil was arrested on May 23. The court had initially remanded him in police custody for six days, which was later extended by four more days on May 29; on June 2, he was sent to judicial custody. The Delhi Police had registered an FIR under sections 302,308, 365, 325, 323, 341,506, 188, 269, 34 and 120B of IPC along with sections 25, 54 and 59 of the Arms Act. Sushil Kumar approached the court for seeking special food and supplements while in jail. Kumar had approached the court with the demand claiming that they are extremely necessary for him to maintain his health and performance as he wishes to continue his career in wrestling. Therefore, he sought supplements like isolate whey protein, omega 3 capsules, ointment capsules, pre-workout C4 and hyde, multivitamin GNC and exercise bands in the prison to maintain his physique and physical strength. It is also to be noted that as he is an “unconvicted criminal prisoner” he should be given special foods and supplement. Also that he will seek these at his personal expense.
Legal Issue: The Delhi Police has arrested Sushil Kumar and his associates for allegedly assaulting Sagar Dhankar and two of his friends, Sonu Mahal and Amit Kumar, at the Chhatrasal Stadium on the intervening night of May 4 and 5 allegedly over a property dispute. Twenty-three-year-old Dhankar succumbed to injuries later. Therefore, a FIR was registered under sections 302,308, 365, 325, 323, 341,506, 188, 269, 34 and 120B of IPC along with sections 25, 54 and 59 of the Arms Act.
Court’s Opinion: Opposing the plea, Chief Metropolitan Magistrate Satvir Singh Lamba said that 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. He also stated that it is well settled law that all the persons, whether natural or juristic are equal in eyes of law irrespective of caste, religion, sex, class which also implies absence of any special privilege in any person due to his rank, status or whether he is rich or poor. It was further noted that the basic needs and necessities of the accused are being taken care of in the jail as per the provisions of Delhi Prisons Rule, 2018 and that balance and healthy diet is being provided to him without any discrimination. The Chief Metropolitan Magistrate said that Sushil neither disclosed the details of any upcoming competition for which he has qualified to participate in nor has he mentioned the name of any competition in which he will be participating in the near future for which he is asking for special food and supplements. Also, as per the medical report of the accused, the judge noted that he is not suffering from any disease for which he would require food supplements and a special diet. It is to be noted that the desire of the accused for special food will tantamount to discrimination among the prisoners lodged in the prison. It is further stated that the requirement of a prisoner shall not be decided on his previous lifestyle and that allowing such applications may invite a flood of applications from many more prisoners who can afford such types of diets.
Conclusion: Therefore, as per the above facts it is concluded that Court rejected the plea as any such special treatment leads to VIP culture in prisons.
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