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Karnataka High Court adjourns Darshan’s plea to allow prison authorities to decide on his plea for home food
‘Prison authorities cannot create a distinction among undertrial inmates as poor, rich, influential, etc., for providing nutritious foods’
Darshan
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Observing orally that authorities cannot create a distinction among the undertrial prisoners for providing nutritious food, the High Court of Karnataka on Wednesday adjourned further hearing on the petition filed by actor Darshan, who is seeking permission to have food from home, till the Superintendent of Bengaluru Central Prison decided his written request made in this regard.
Justice M. Nagaprasanna made these observations while adjourning further hearing on the petition.
Nutritious diet
“Every undertrial, every citizen requires a nutritious diet. Merely because a prisoner is poor, rich, influential, non-influential, an actor…, or whoever it is, he is ultimately an undertrial. Ultimately if he [an undertrial prisoner] is in such a need that his health is so deteriorating and that would definitely need special diet, doctors in the prison will prescribe what [diet] he should be given,” the court orally observed.
Reacting to the court’s observations, Mr. Darshan’s advocate said the actor was not seeking any extra facility being a celebrity as that tag itself has somehow become disadvantageous to him now. While pointing out that the prison doctor in his medical certificate has recommended nutritious food for the actor citing his health, the advocate pleaded the court not to treat the actor as a celebrity.
As the State Public Prosecutor (SPP) said the prison authorities would examine the request made by the actor for allowing food from home and other facilities as per the law, Mr. Darshan’s advocate said the court could grant some time for the prison authorities to take a decision. The SPP also pointed out that the recommendation made for nutritious food by the prison doctor was with reference to the actor’s health as he was suffering with fever and nothing special.
Prison manual
Meanwhile, the court said it would examine, if required, whether the provision of the prison manual, which prohibits an undertrial facing murder charges from procuring his own bedding and other facilities, is contrary to the provisions of the Karnataka Prison Act framed based on the directions of the apex court and the actor cannot claim that it is contrary to the Act.
A metropolitan magistrate court has recently rejected the actor’s plea for food from home and other facilities while citing a bar for such facilities in the manual for an accused facing murder charge.
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