Yosef Rothstein

meters long so that he could properly tie the turban.  At the time, Navdeep was permitted to 

possess a cloth to form a turban that was thirty inches by thirty-six inches.  Inmates that ascribe 

to other religions are permitted religious items made of cloth that are larger than the size of 

Navdeep’s turban.  For example, an Islamic female inmate may possess a Khimar that is four feet 

by four feet.  Similarly, a Jewish inmate may possess a Tallit that is five and a half feet by five 

and a half feet.  On October 5, 2005, the Central Officer Review Committee denied Navdeep’s 

request.  

90.

 

On September 12, 2005, Navdeep filed a grievance requesting permission to wear 

an orange, blue or black turban.  As Navdeep explained in the grievance, these colors have 

religious significance.  DOCS permits other religions to wear head coverings without restricting 

the colors worn.  For example, DOCS directive 4202 states that “there are no color prohibitions” 

on the Kufi or Yarmulke.  Similarly, DOCS amended directive 4202 to allow Rastafarians to 

wear a Tsalot-Kob that is either multi-colored or single colored. On October 12, 2005, the 

Central Office Review Committee denied the request, stating that the color of the turban was a 

personal choice, not a religious requirement.  

91.

 

On September 18, 2005, Navdeep filed a grievance requesting six turbans so that 

he could wash and change the turban daily.  At the time, Navdeep was only permitted to possess 

two turbans.  On October 19, 2005, the Central Office Review Committee denied the request. 

B.

 

Sikh Diet 

92.

 

On August 25, 2005, Navdeep filed a grievance requesting wrapped, non-meat, 

non-egg, non-gelatin meals.  Under normal conditions, a Sikh’s diet should not contain any form 

of meat from animals (including fish and poultry), eggs or gelatin.  The Central Office Review 

Committee responded that Navdeep was permitted to eat the religious alternative menu, but 

stated that the religious alternative menu included eggs.  Upon information and belief, DOCS 

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provides other religions diets that comply fully with their religious requirements.  For example, 

DOCS provides a kosher kitchen at Fishkill which serves a kosher meal to kosher inmates.  

DOCS has not offered any similar accommodations to Navdeep. 

C.

 

Kacchera 

93.

 

On June 11, 2005, Navdeep wrote to Pelc, explaining that a Sikh showers with his 

Kacchera on, and at the end of the shower, changes into the new Kacchera by removing one leg 

from the wet Kacchera, putting on one leg of the dry Kacchera, and then removing the other leg 

of the wet Kacchera.  Navdeep asked Pelc how he could shower daily, if laundry was only once 

a week and he was not permitted to hang his wet Kacchera  up to dry.  Pelc never responded to 

Navdeep. 

D.

 

Khanda 

94.

 

While Navdeep was at Downstate, he requested permission to wear a Khanda, a 

Sikh religious pendant, but was told that because the pendant was not a cross, he was not 

permitted to have it.  On August 31, 2005, while at Fishkill, Navdeep filed a formal grievance 

requesting permission to wear a Khanda.   

95.

 

The Khanda is the universal Sikh symbol composed of a central, straight edged 

sword, symbolizing truth surrounded by two curved swords representing temporal power and 

authority.  The pendant is a couple of inches in height and width and need not contain any sharp 

edges.  DOCS directive 4202 provides that an inmate may wear a religious pendant underneath 

his clothing.   

96.

 

On October 5, 2005, the Central Office Review Committee denied the request to 

wear a Khanda, asserting that a pendant in the shape of a sword raised concerns about the safety, 

security and good order of the facility. 

E.

 

Procedures During Searches 

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97.

 

On July 14, 2005, in a letter to Pelc, Navdeep requested permission to remain in 

contact with his Kacchera and turban during searches.  Pelc responded that, upon a visitation, 

correctional officers had a duty to physically and visually inspect the Kacchera and turban. 

98.

 

Upon information and belief, DOCS could have avoided the mistreatment of 

Navdeep’s religious items, including his Scriptures, during searches.  For example, DOCS allows 

inmates who ascribe to other religions to avoid a physical inspection of certain religious items – 

DOCS personnel do not touch a Native American’s medicine bag.  Rather, during a search, a 

Native American inmate opens the medicine bag and a correctional officer visually inspects the 

contents of the medicine bag. 

F.

 

Prayer Times and Related Requests 

99.

 

In July 2005, Navdeep repeatedly wrote to Mazzuca and Pelc requesting religious 

accommodations so that he could recite his prayers according to Sikh tradition.  His requests 

included permission to shower in the morning, a schedule of when he could pray so that his 

prayers did not interfere with facility programming, a light so he could recite morning prayers 

and permission for his family to bring in a watch so that he would know when it was time to 

pray.  On July 29, 2005, Pelc denied Navdeep’s request to shower in the morning and stated that 

the lights would remain off after 11:00 p.m. until the morning shift. 

G.

 

Digital Picture of Navdeep 

100.

 

On or about September 6, 2005, Navdeep requested that DOCS remove the 

digitally enhanced image of Navdeep without a beard and replace it with a picture of Navdeep 

with his beard.  As Navdeep explained in his grievance, a picture of him without some or all of 

his hair is to a Sikh, an indecent photograph.  On October 5, 2005 the Central Office Review 

Committee denied the request.     

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