Meet Jain’s special diet need as per rules, court tells Tihar

The counsel said that Jain is not the first and last to follow religious fast, as other prisoners have also observed fasts for occasions such as Ramzan in the prison

A Delhi court on Wednesday asked Tihar prison authorities to provide jailed Aam Aadmi Party (AAP) minister Satyendar Jain with food given to an under-trial detainee if he is on a religious fast, in terms of the Prison Rules, 2018.

CCTV footage from Tihar jail shows Satyendar Jain eating a prepared meal. (ANI)

The court was hearing Jain’s plea seeking directions to the director general (prisons) and Tihar superintendent to provide him basic food items as per his religious beliefs as well as provide him access to medical facilities in the jail.

Special judge Vikas Dhull also asked the Tihar jail authorities to file their reply as to what food was given to Jain over the last six months, whether he was on religious fast during the last 5-6 months, and whether the food that was being given was stopped at any point during the past 10-12 days

“Let response be filed by the Tihar Jail administration by tomorrow, i.e. November 24 by 2.00 PM,” the court said in its order.

Opposing the submissions, law officer of Tihar (PHQ) told the court that to the best of his knowledge, no direction was passed to stop Jain’s diet in the prison.

The counsel said that Jain is not the first and last to follow religious fast, as other prisoners have also observed fasts for occasions such as Ramzan in the prison. However, citing the transfer of the jail superintendent, the officer sought time to file a detailed report regarding the food being given to Jain.

During the hearing, Jain’s counsel also told the court that a video of his client having food has been leaked to the media. As the judge asked him to move an application, Mehra filed a plea seeking to restrain Tihar jail authorities from leaking CCTV footage of Jain’s prison cell to the media. The matter has been posted for hearing on Thursday.

The judge also asked prison authorities to file a medical report of Jain, giving, as per Rule 313 of the Delhi Prison Rules, 2018, details such as his present weight and MRI scans due, if any.

“If yes, reasons for not getting the MRI Scans done, the ailment from which accused Jain suffering and the treatment being given etc by 2.00 pm on November 28,” the judge said in his order.

Rule 313 of the Prison Rules mandates that in the heading of the history ticket of every prisoner, the medical officer shall enter, or have entered under his supervision, the prisoner’s weight on admission, his state of health, the class of labour for which he is fit (if sentenced to labour) and whether he has been protected by vaccination/ inoculation for smallpox.

Jain’s counsel Rahul Mehra said his client lost 28kg since his arrest on May 31, including 2kg in the last one week, and said the minister was forced to move the court after the jail authorities stopped providing him with basic food items as per his religious belief for the past 12 days.

Mehra told the court that a diet of fruits, vegetables and nuts was being given to Jain, which was stopped by jail authorities. Since the legislator happens to be a member of the Jain community and is on a religious fast, he is entitled to a special diet as per Rule 339 and 341 read with 1124 of Delhi Prison Rules, 2018.

“Situation is alarming…The food has been withdrawn, I am on a religious fast. This protein deficiency is irreversible”, the senior counsel said, adding that: “we have come to a level where one has to fight for food”.