A Delhi Court on Wednesday dismissed the plea moved on behalf Sushil Kumar, accused in connection with the Chhatrasal Stadium murder case, seeking special supplementary diet inside the jail.
Chief Metropolitan Magistrate Satvir Singh Lamba passed the order after reserving it yesterday in view of the submissions made by Advocate Pradeep Rana appearing on behalf of Sushil Kumar and Public Prosecutor Shrawan Kumar appearing for the State.
"It is well settled law that all the persons, whether natural or juristic are equal in the eyes of law irrespective of their caste,religion, sex, class, etc. 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 alike." The Court said.
Furthermore, the Court also observed thus:
"Considering the facts and circumstances of the present case as well as keeping in view the averments made in the present application, it is apparent that all the basic needs and necessities of the accused/applicant are being taken care of as per the provisions of Delhi Prisons Rule, 2018. The alleged special foods and supplements appears to be only the desires and wishes of the accused/applicant and are not in any manner the essential need or necessity for the accused/applicant. Hence, the prayer of the accused/applicant in the present application is not maintainable. Accordingly, the present application is hereby dismissed."
Sushil Kumar is presently under Judicial Custody in a case concerning the death of former junior national wrestling champion Sagar Dhankhar. He was sent to judicial custody on June 2.
The Delhi Police had registered an FIR under sec. 302 (punishment for murder) and sec. 308 (attempt to commit culpable homicide), 365, 325, 323, 341,506, 188, 269, 34 and 120B of IPC along with sec. 25, 54 and 59 of the Arms Act.
Reportedly, Sagar, who had been training at the iconic Chhatrasal Stadium, died while two of his friends got injured after they were allegedly assaulted by Sushil Kumar and some other wrestlers on May 4, at the Chhatrasal Stadium premises in Delhi.
During the course of hearing yesterday, Advocate Pradeep Rana submitted before the Court that Sushil Kumar cannot be denied the grant of supplements under the Prison Rules if he is in a position to bring the same. Reference was also made to the relevant Prison Rules and the important judgments on the subject.
The submissions made by Rana were vehemently opposed by Public Prosecutor Shrawan Kumar who argued before the Court that the applicant has not put forth any document along with the application for requirement of supplements. He submitted:
"What is the need to provide special treatment to an accused of heinous organized crime? What is the basis of special food? Nothing. Under Article 14 of the Constitution, equality before law is the same."
He further submitted thus:
"As per the reply of the Jail Superintendent, many of the prisoners are who are competent to demand such foods are not being allowed the same. Allowing the application to him will create a discriminatory atmosphere among all Prisoners."
In view of the aforesaid submissions, PP submitted that keeping in mind the reply of jail superintendent, application for grant of supplements must be dismissed.