No special privileges, Article 14 treats everyone equally: Wrestler Sushil Kumar’s plea for special diet in jail rejected by a Delhi Court

Sushil Kumar, Indian wrestler, is an accused in the Chhatrasal Stadium murder case. He is under judicial custody since 2nd June, 2021. Recently, he had moved a Delhi Court in order to receive a special supplementary diet while he is in jail. Order in this regard was passed by Chief Metropolitan Magistrate, Satvir Sinh Lamba. He said that all natural and juristic persons are equal in front of law irrespective of their caste, religion, sex, class, etc. Article 14 is one of the basic features of our Indian Constitution which gives the concept of rule of law. It prohibits any special privilege to any person be it rich or poor. It was said that, “the law should be equal and should be equally administered, that like should be treated alike."

In this case, all the basic needs of Sushil Kumar, the appellant were fulfilled as per the Delhi Prisons Rule, 2018. The demand of the appellant is only his desire and not a need. It cannot be covered under an essential want. The court dismissed the application and declared it to be not maintainable. Currently, Sushil Kumar is under Judicial custody and Delhi Police had registered FIR under sections 302 (Punishment for murder), Section 308(Attempt to commit culpable homicide), 365,325,323,341,506,188,269,34 and 120B of IPC along with other sections 25, 54 and 59 of Arms Act.

Wrestler Sagar was the one who was assaulted by Sushil Kumar and died. During hearing, Advocate Pratap Rana submitted that Sushil cannot be denied the grant of supplements under the Prison rules. The submissions made him were opposed by Public Prosecutor, Shrawan Kumar who argued that “What is the need to provide special treatment to an accused of heinous organized crime? What is the basis of special food? Under Article 14 of the Constitution, equality before law is the same.” He further added that allowing the application to him will create a discriminatory atmosphere among all prisoners.