The Delhi Court on Wednesday dismissed wrestler Sushil Kumar’s application who is currently in Judicial Custody in Tihar Jail seeking permission to be provided with supplements and special food in prison.
Chief Metropolitan Magistrate Satvir Singh Lamba while rejecting Kumar’s application observed that,
“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 noted that Kumar had neither disclosed the details of any upcoming competition for which he has been qualified to participate, nor had mentioned any name of the competition in which he was participating in nearby future and had also not presented any documents regarding the competitions.
Furthermore, the Court also took note of the fact that the Prison Authority was statutorily bound to comply with the nutrients required in a person's daily diet, their quantities and the common sources of proteins are specifically dealt with in Delhi Prisons Rules, 2018.
Relying on the principle of presumption of innocence under criminal jurisprudence, the Sushil Kumar’s application stated that the accused wished to continue his career in wrestling and alleged false implication should not lead to the end of his career. In pursuance of this contention the Kumar in his application had submitted that the applicant’s future career was dependent on his physical strength and physique and thereby sought permission to allow special foods and supplements to the accused/applicant, which contain protein, Omega-3 capsules, jointment capsules, Pre-workout C4, Hyde, Multivitamin GNC, Exercises Bands etc.
Opposing Kumar’s application, Learned Additional Public Prosecutor for the State contended that desire of the applicant for special food/food supplements would tantamount to discrimination among the prisoners lodged in the prison. It was also his contention that allowing such an application might invite a flood of applications from many more prisoners who could afford such a type of diet at their own expense. The APP had also submitted that the prisoner’s requirement should not be decided on his previous lifestyle and other aspects were governed as per Delhi Prison Rules, 2018.
On June 2, 2021 Duty Metropolitan Magistrate Rashmi Gupta had rejected an application seeking extension of Police custody of Sushil Kumar, accused of serious criminal charges against a junior wrestler, Sagar Rana.