The Gujarat High Court Tuesday dismissed a petition by an accused in the 2008 Ahmedabad serial blasts case who sought permission to have home-made food in jail for him and other Muslim accused in the case during the holy month of Ramzan on humanitarian ground.
A division bench comprising Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala dismissed the same while considering the state governments rules in this regard. The accused has been identified as Naved Kadri. On behalf of Kadri,his mother – Jakerabanu – had moved the petition through advocate Khalid Shaikh.
Shaikh said they had simply sought the court permission to have home-made food inside jail during Ramzan on humanitarian ground as under certain rules of the state government,certain categorised undertrial prisoners were not entitled to have home-made food inside jail.
Shaikh said the court dismissed the petition while considering the rules of the state government under the Prisons Act,1894 and the Gujarat Prisons (Diet for Prisoner) Rules,1975 and the security of the prisoners inside jail.
The court observed that when a person is in custody of the state government,the responsibility of maintaining his security is bestowed upon it. In such circumstances,the restriction imposed by the state government in jail could not be called unreasonable,it added.
The court also considered state governments submission that sufficient care has been taken to provide food at the appropriate time to the prisoners who are observing fast during the Ramzan month by deviating from the time schedule of taking food of other prisoners.