Karnataka HC Asserts Equal Right to Nutritious Diet for All Citizens and Undertrial Prisoners

Karnataka HC Asserts Equal Right to Nutritious Diet for All Citizens and Undertrial Prisoners

On Wednesday, the Karnataka High Court underscored that all citizens, including undertrial prisoners, are entitled to a nutritious diet, irrespective of their social or financial status.

Justice M. Nagaprasanna made this observation while hearing a petition filed by Kannada actor Darshan Thoogudeepa, who is imprisoned in the Renukaswamy murder case. Darshan had challenged a magistrate court's 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 remarked, "Medical needs must be addressed for everyone, regardless of their celebrity status. There are many prisoners who may also require a better diet." 

Mr. Navadgi contended that the Magistrate court had misinterpreted Rule 728 of the Karnataka Prisons and Correctional Services Manual, 2021, which governs prison conduct. He argued that this rule should not supersede the Prison Act, particularly Section 30, which permits home-cooked food for undertrial prisoners with the appropriate approvals.

However, the court upheld that while Section 30 specifies the procedure, the Prison Manual provides the regulatory guidelines, a principle that is statutorily accepted.

Mr. Navadgi requested that the authorities objectively review 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 in accordance with the law and present their findings by August 20. The court noted that the issue requires thorough examination and will remain pending until the authorities provide a resolution.

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

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

 

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