Research › Search › Judgment

Punjab High Court · body

2017 DIGILAW 1383 (PNJ)

HASEEN v. STATE OF HARYANA

2017-07-11

AVNEESH JHINGAN, S.S.SARON

body2017
JUDGMENT : S.S. Saron, J. The petitioner has filed the present petition under Article 226 of Constitution of India in the nature of a Public Interest Litigation seeking directions to the respondents to provide two times meals for 'saheri' (morning meal) and "iftar" (breaking fast after sunset) during the holy month of 'Ramzan' to the Muslim prisoners in various jails throughout the State of Haryana for observing 'Roza' (fast). A further prayer has been made for passing necessary orders directing the respondents to provide facilities of performing religious offerings by the prisoners in various jails in the State of Haryana for their reformation as the prisoners are entitled to enjoy the right to freedom of religion as guaranteed by Article 25 of the Constitution of India. 2. The petitioner is a practising advocate at District Bar, Nuh and belongs to Muslim minority community. It is stated that he is a son of an ordinary farmer and his income is less than Rs. 4.00 lacs. It is submitted that he is connected with various social organizations for the development of the society and for the upliftment of the downtrodden sections of the society. He is doing these human services since long for the sake of humanity. He has the means to pay the costs, if any, imposed by this Court and give an undertaking to the Court in this respect. It is stated that he being conscious of his duty towards his fellow members of the society, has been actively promoting human rights for all by helping advance access to justice. In the past, he has approached this Court by filing a petition demanding an inquiry and action in an alleged incident of fake encounter by the State Police and he filed a public interest litigation, which is pending in this Court. 3. The grievance of the petitioner in the present petition is that the Muslim prisoners lodged in the jails in the State of Haryana should be given two times meals for 'Saheri' (Morning Meal) and 'Iftar' (Breaking fast after sunset) during the month of 'Ramzan' when 'Rozas' are kept so that they can profess their religion with devotion. 4. The petition as filed though raises an important issue, however, at this stage, there is no material to show that such an order is liable to be passed. 4. The petition as filed though raises an important issue, however, at this stage, there is no material to show that such an order is liable to be passed. Besides, it is to be noticed that entertaining of such a petition may result in filing of similar petitions by members of other religions for providing meals to their respective religion jail inmates on their religious occasions. The issue as raised would more appropriately liable to be considered by the Government by getting the matter examined in a proper and thorough manner. The petitioner himself has referred to Justice A.N.Mulla Committee report submitted in 1983, which has been quoted in the petition. The extracts of the said report, which has been reproduced by the petitioner, read as follows:- "Para 6.8.8: Prisoners should get special diet on religious festivals and national days as may be specified in rules. Para 10.28.30: Social, moral and health education lectures should be organised. Para 17.7.10: They should be allowed to follow their own religion and belief subject to rules and requirements of discipline, and to retain religious and other books." 5. The Bureau of Police Research and Development, Ministry of Home Affairs, Government of India, prepared Model Prison Manual for Superintendence and Management of Prisons in India in the year 2003. The relevant Rules in respect of religious activities of the prisoners are quoted as follows:- "6.10. On the occasion of festivals, as specified by the State Governments, extra items of dietary articles may be given to every prisoner. 6.11. Prisoners who observe religious fasts may receive extra articles of food, or may have the whole or a part of their meal at a place and time of day, as may be allowed by orders of the government for proper observance of fasts by them. 15.22. The main festivals of all religions should be celebrated. In these every prisoner should be encouraged to participate. Any special treatment to a group of prisoners belonging to a particular caste or religion is strictly prohibited. 15.23. Well known personalities from all religions should be invited to deliver lectures to prisoners for their moral upliftment. The help of N.G.Os and welfare agencies could be taken in this regard. It should be ensured before hand that the content and tenor of such lectures is not such as would cause resentment amount people of other religions. 15.24. 15.23. Well known personalities from all religions should be invited to deliver lectures to prisoners for their moral upliftment. The help of N.G.Os and welfare agencies could be taken in this regard. It should be ensured before hand that the content and tenor of such lectures is not such as would cause resentment amount people of other religions. 15.24. No undue interference with the religion or caste prejudices of prisoners should be permitted. Every prisoner should be allowed to perform his devotions in a quiet and orderly manner." 6. The petitioner, in these circumstances, prays that for the present he may be allowed to withdraw the petition so as to pursue his case with the administrative authorities of the Government for providing religious facilities. 7. Dismissed as withdrawn.