“Nutritious diet a right of all prisoners, regardless of status”: High Court

PTI, Aug 1, 2024, 8:37 AM IST

PTI

Bengaluru: The Karnataka High Court emphasised on Wednesday that all citizens and undertrial prisoners are entitled to a nutritious diet, without any distinctions based on their social or financial status.

This observation was made by Justice M Nagaprasanna while hearing a petition filed by Kannada actor Darshan Thoogudeepa, who is jailed in the Renukaswamy murder case.

Darshan had challenged a magistrate court order that rejected his request for home-cooked food, bedding, and cutlery in prison.

Senior advocate Prabhuling K Navadgi, representing Thoogudeepa, argued that the actor required nutritional food as indicated by a medical certificate.

Justice Nagaprasanna said, “If he needs a special diet due to health issues, doctors will provide it. This is not just about Darshan; every citizen or undertrial prisoner has the right to nutritious food. Distinctions cannot be made based on one’s status.”

The judge further noted, “Medical requirements will be met for anyone, whether a celebrity or not. There are many prisoners who may also need a better diet.”

Mr Navadgi contended that the Magistrate court misinterpreted Rule 728 of the Karnataka Prisons and Correctional Services Manual, 2021, which governs conduct within prisons.

He argued that this rule cannot override the Prison Act, specifically Section 30, which allows for home-cooked food for undertrial prisoners with the necessary approvals.

However, the court maintained that while Section 30 outlines the procedure, the Prison Manual provides the guidelines for regulation, a principle that is statutorily accepted.

Mr Navadgi requested that the authorities objectively consider Darshan’s request for home-cooked food and other amenities in consultation with a medical officer.

The Special Public Prosecutor informed the court that two representations had been made to the authorities and requested two weeks to consider them and issue appropriate orders.

Justice Nagaprasanna directed the respondents to review the representations according to the law and present their findings on August 20. The court also noted that the issue raised requires a thorough examination and will remain pending until the authorities provide a resolution.

Darshan along with his friend Pavithra Gowda and 15 others was arrested for allegedly giving a torturous death to his fan Renukaswamy from Chitradurga on June 8.

Renukaswamy had allegedly sent obscene messages to Pavithra Gowda on his social media handle.