A Delhi court has rejected an application demanding a special supplementary diet for jailed Olympic medalist Sushil Kumar, who is under investigation for the murder of a 23-year-old wrestler.
Chief Metropolitan Magistrate Satvir Singh Lamba rejected the application after reserving it yesterday (June 9, 2021) given the submissions made by Advocate Pradeep Rana appearing on behalf of Sushil Kumar and Public Prosecutor Shrawan Kumar appearing for state.
The magistrate stated 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 order reads:
The alleged special foods and supplements appear 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.”
Sushil’s lawyers sought the court’s permission to allow special foods and supplements to the accused, which contain protein, Omega-3 capsules, ointment capsules, Pre-workout C4, Hyde, Multivitamin GNC, Exercises Bands as he wanted to continue his career in wrestling.
The court said that with this application Sushil “reveals his wish to pursue his future carrier in wrestling”, however, he has “neither disclosed the details of any upcoming competition for which he has been qualified to participate nor has mentioned the name of any competition in which he is participating in nearby future.”
The court further stated that,
It is well-settled law that all persons, whether natural or juristic are equal in the eyes of law irrespective of their caste, religion, sex, class, etc. The right to equality is a basic feature of the Indian Constitution. It implies the rule of law. It also implies an 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.”
At present, Sushil Kumar is under judicial custody for the death of former junior national wrestling champion Sagar Dhankhar.
The Delhi Police had registered an FIR under sec. 302 (punishment for murder) and sec. 308 (attempt to commit culpable homicide), 365( Kidnapping or abducting with intent secretly and wrongfully to confine person), 325(Punishment for voluntarily causing grievous hurt), 323 (Punishment for voluntarily causing hurt ), 341(Punishment for wrongful restraint), 506(Punishment for criminal intimidation), 188(Disobedience to order duly promulgated by public servant), 269( Negligent act likely to spread infection of disease dangerous to life), 34( Acts done by several persons in furtherance of common intention -), and 120B( Punishment of criminal conspiracy) of IPC along with sec. 25(Punishment for certain offenses), 54(Renewal of licenses), and 59 of the Arms Act.
Supposedly, Sagar, who had been training at the famous Chhatrasal Stadium, died while two of his companions got harmed after they were allegedly attacked by Sushil Kumar and some other wrestlers on May 4, 2021, at the Chhatrasal Stadium premises in Delhi.
On June 9, 2021, during the hearing, Advocate Pradeep Rana submitted before the Court that Sushil Kumar can't be prevented from the grant of supplements under the Prison Rules if he is in a situation to bring something similar. Reference was additionally made to the relevant Prison Rules and the significant decisions regarding the matter.
The submissions made by Rana were vehemently opposed by Public Prosecutor Shrawan Kumar who contended before the Court that the applicant has not advanced any report alongside the application for requirements of supplements.
He also submitted that,b
“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."
Taking into account the previously mentioned submissions, PP presented that remembering the answer of the jail superintendent, the application for a grant of supplements should be dismissed.
