NAVED NAEEMUDDIN KADRI Vs. STATE OF GUJARAT
LAWS(GJH)-2013-7-549
HIGH COURT OF GUJARAT
Decided on July 23,2013

Naved Naeemuddin Kadri Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.)By this Special Criminal Application, the petitioner has prayed for appropriate writ, order or direction upon the respondents for permitting the present petitioner and the other Muslim prisoners who are implicated in Sessions Case No. 38 of 2009 to consume food brought from the residence on the ground of humanity during the holy month of Ramzan.
(2.)The matter was initially placed before a learned Single Judge of this Court and by order dated 10th July, 2013 His Lordship observed that although the petition was filed in the name of Naved Naeemuddin Kadri, in the prayer clause he having made prayer for not only himself but also for the other Muslim prisoners who are implicated in Sessions Case No. 38 of 2009, the matter should be placed before the the Chief Justice for appropriate orders for listing before the appropriate Bench. Consequently, the matter has been placed before this Bench.
(3.)The case made out by the petitioner in this writ-application is that as during the month of Ramzan, the Muslim prisoners who observe fast, are required to take meal twice a day one prior to sunrise and the other at the time of sunset and they require nutritious food and sufficient meal which are not available in the jail. According to the petitioner, in the year 2009, the Government of Gujarat issued a circular by virtue of which the petitioner and the accused persons in Sessions Case No. 38 of 2009, who are under-trial prisoners in respect of some grave charges are not being allowed to take food from their residence. The petitioner complains that the accused persons in Sessions Case No. 38 of 2009 have preferred a detailed representation to the Inspector General of Police, but no reply has been given. Hence this writ-application.


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