BENGALURU: The Karnataka High Court on Tuesday stayed orders passed by the trial court allowing home food for Pavithra Gowda, actor Darshan and others, who are accused in the Renukaswamy murder case and lodged in jail.
Justice M Nagaprasanna passed the interim order after hearing a petition filed by the state government, questioning the orders dated December 29 and January 12 passed by the trial court on the application filed by Pavithra Gowda, Nagaraja R and Lakshman M, accused No.1, 11 and 12, respectively, seeking directions to allow home food.
Recalling the order passed by the apex court while cancelling the bail granted to accused Darshan, the high court stated that the apex court conveyed a strong message that whoever the accused may be, however big or small, he or she is not above law...
"The day we come to know that the accused persons are provided with some special or five-star treatments, the first step in the process will be to place the jail superintendent under suspension, including all other officials involved. Therefore, the apex court observed that providing special treatment would amount to misconduct," the judge observed.
The high court stated that the trial court, in complete blatant ignorance of the Supreme Court order, issued a show-cause notice to the state to initiate contempt proceedings as to why the food is not provided as directed. It is true that home food is provided for special circumstances as per prison rules.
However, all the rules were bypassed, and also the orders passed by the apex court, which upheld that special treatment for a prisoner or an undertrial is a violation of law. It is deemed appropriate to stay the orders till the next date of hearing, the court said.
Earlier, Additional State Public Prosecutor BN Jagadeesha submitted that although the prison authorities are providing food as contemplated under the Karnataka Prison Manual, upon oral request with an allegation that they were not provided proper food, the trial court on December 29 directed the prison authorities to allow them to bring home-cooked food into the prison. Then the state submitted a request for clarification to the trial court detailing prison facilities.
Despite this, the court on January 12 allowed all the accused to receive home food weekly and under medical advice, without further clarification. Aggrieved by the orders, the state approached the high court. "Following the examination of food cooked by the prison authorities, FSSAI has graded it 4 stars. The inmates cannot have any complaint about the food being served inside the prison," he argued.