New Delhi: The Patiala House Court on Wednesday asked Delhi police to file a comprehensive reply on the application of Chaitanyananda Saraswati for a sanyasi robe and spiritual books, mentioning the rule of jail manual.
The application will be heard again on Monday.
In another application seeking the supply of a copy of the seizure memo to Chaitanyanand Saraswati, the court asked the police to file a proper reply. This application is listed for a hearing on Friday.
Judicial Magistrate First Class (JMFC) Animesh Kumar pointed out that the reply filed by the Investigation Officer (IO) is not proper and there is no mention of any provision of the jail manual on clothes and spiritual books.
The court said, “Prima facie, it appears that there is no prohibition on clothes and books, so how can I prohibit?” Advocate Manish Gandhi, counsel for the accused, also referred to the jail manual and submitted that there is no prohibition on an undertrial prisoner to wear clothes of his choice.
During the hearing, the counsel for the accused also orally prayed for a direction for providing extra bedding as the accused is over 65 years of age and has ailments.
The court pointed out that the reply contained some unwanted comments, such as the accused doesn’t deserve the privilege of wearing religious clothes.
The court stated that the police should not make any such comments. “We don’t have any right to make any such comments. The reply should be as per the jail manual. ”
The court also stated that the interim order regarding the sanyasi’s food and medicines shall continue until the next date. Delhi Police on October 4 had sought time to file replies on two applications moved by Chaitanyanand Saraswati.
He has sought a direction to provide him with sanyasi food, sanyasi garb, spectacles, medicines and books.
He has also sought a direction for the supply of seizure memo of the Delhi police.
The counsel for the accused submitted that, as per the provisions of BNSS, there is no bar if the seizure memo is supplied to the accused. He also submitted that he has apprehension that the documents seized during the investigation might be used in the other case too.
The additional public prosecutor (APP) opposed the submissions and said that there are guidelines to the effect that a copy of the seizure can’t be provided before filing the charge sheet.
Patiala house court on October 3, remanded Chaitanyanand to 14 days’ judicial custody till October 17.