Renukaswamy murder case: Karnataka high court says no to home food for Darshan, Pavithra Gowda in prison
BENGALURU: The Karnataka high court Wednesday quashed trial court orders that allowed home-cooked food for actor Darshan Thoogudeepa, his associate Pavithra Gowda, and others who have been arrested in connection with the Renukaswamy murder case.
It said medical advice is a prerequisite for such a consideration for undertrial prisoners.
"The protection of human dignity does not cease at the gates of the prison. The prisoners, though deprived of liberty, are entitled to basic necessities, a caveat in accordance with the law. Home-cooked food for undertrial prisoners is not prohibited, but it can be granted only in accordance with prison rules and procedures," Justice M Nagaprasanna said.
"Medical advice must precede the grant of home-cooked food. Permission cannot be granted merely on request or as a matter of indulgence. The trial court's order is legally unsustainable as it directed the grant of home-cooked food without a prior medical examination or recommendation. Granting such concessions indiscriminately would create chaos in prison management, as other inmates would also be entitled to similar treatment," the judge said.
"It is a matter of concern regarding the adequacy and quality of prison food, noting that Rs 85 per day (now revised to Rs 125) for four meals raises legitimate questions about nutritional sufficiency. To safeguard the prisoners' rights and to ensure transparency, I deem it appropriate to direct the digital publication of the prison menu at conspicuous places, and the establishment of a complaint mechanism enabling prisoners to report deficiencies in food quality… if one is not in place already," Justice Nagaprasanna added.
The medical officer or a designated dietitian shall conduct periodic inspection of the food prepared for the inmates and record certification with regard to its quality, intermittently. The state govt shall issue a circular towards the procedure for the purpose of compliance with the directions, the judge observed.
The 57th city civil and sessions court had directed the jail authorities to provide home food to accused Pavithra, R Nagaraja, and M Lakshman and other accused including Darshan, following an oral submission.
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"The protection of human dignity does not cease at the gates of the prison. The prisoners, though deprived of liberty, are entitled to basic necessities, a caveat in accordance with the law. Home-cooked food for undertrial prisoners is not prohibited, but it can be granted only in accordance with prison rules and procedures," Justice M Nagaprasanna said.
"Medical advice must precede the grant of home-cooked food. Permission cannot be granted merely on request or as a matter of indulgence. The trial court's order is legally unsustainable as it directed the grant of home-cooked food without a prior medical examination or recommendation. Granting such concessions indiscriminately would create chaos in prison management, as other inmates would also be entitled to similar treatment," the judge said.
"It is a matter of concern regarding the adequacy and quality of prison food, noting that Rs 85 per day (now revised to Rs 125) for four meals raises legitimate questions about nutritional sufficiency. To safeguard the prisoners' rights and to ensure transparency, I deem it appropriate to direct the digital publication of the prison menu at conspicuous places, and the establishment of a complaint mechanism enabling prisoners to report deficiencies in food quality… if one is not in place already," Justice Nagaprasanna added.
The medical officer or a designated dietitian shall conduct periodic inspection of the food prepared for the inmates and record certification with regard to its quality, intermittently. The state govt shall issue a circular towards the procedure for the purpose of compliance with the directions, the judge observed.
The 57th city civil and sessions court had directed the jail authorities to provide home food to accused Pavithra, R Nagaraja, and M Lakshman and other accused including Darshan, following an oral submission.
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Shekar Natesh
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