Undertrial accused of murder not entitled to procure bedding, clothing, Govt tells HC on Darshan plea

Karnataka High Court hears Darshan's plea for private bedding, clothing, and food in prison, citing prison norms.

The State government on Wednesday told the High Court of Karnataka that Kannada film actor Darshan is not entitled to privately source his bedding, clothing, and cutlery as the prison norms allow only the undertrial prisoners other than those for murder to have these materials of their own.

Regarding his plea to source food from home, the government advocate told the court that Darshan will have to submit a request to the Inspector General of Prison.

Submissions in this regard were made before Justice S.R. Krishna Kumar during the hearing of the petition filed by Mr. Darhan, who has sought a direction to the prison authorities to permit him to have access to privately sourced/home food, cutlery, clothing, bedding, and books to be supplied by his family members.

Additional Advocate General Bhanuprakash V.G., appearing for the government, pointed out that clause 728 of the Prisons and Correctional Services Manual 2021 specifically states that “undertrial prisoners other than those for murder, shall be permitted to retain their own clothing, bedding, footwear and eating and drinking vessels like plates, spoons, cups and religious emblems.”

Meanwhile, Special Public Prosecutor P. Prasanna Kumar told the court that Section 30 of the Karnataka Prisons Act, 1963, empowers the Inspector-General of Prisons to examine requests of undertrial prisoners to receive food from home and hence Darshan should submit the request to the IG (Prisons).

However, Senior Advocate K.N. Phanindra, appearing for Mr. Darhan, contended that Section 30 of the Act allows a civil prisoner or an unconvicted criminal prisoner to receive from private sources food, clothing, bedding or writing materials, books, newspapers or other necessaries, subject to examination.

While asking the advocates of both sides to clarify whether the petition is maintainable before the High Court directly, as the petitioner has not filed any such plea before the trial court, Justice Kumar adjourned further hearing till July 18.