"Examined 60 Witnesses, Investigation Likely To Reach A Substantial Stage In One Month": CBI Tells Delhi HC In Ankit Gujjar Death Case Inside Tihar Jail

The Central Bureau of Investigation (CBI) on Thursday informed the Delhi High Court that it has examined 60 witnesses so far in connection with the alleged murder of inmate Ankit Gujjar, a 29-year old gangster, who was found dead inside Tihar Jail.

Justice Mukta Gupta was also informed by the counsel appearing for CBI that the investigation in the matter will reach a substantial stage in another one month.

The Court therefore sought a status report to be filed by the CBI highlighting the progress of the investigation while posting the matter for further consideration on January 17.

During the course of hearing today, the Court enquired from the CBI if it had done anything beyond recording the statements of 60 witnesses. 

"You found complicity of anybody or not?," the Judge added.

To this, the CBI informed the Court that it is examining the aspect of extortion as well as the murder.

"On the point of extortion, we are going beyond this case. We are looking for larger conspiracy on the aspect because there are many other victims of this extortion. On this aspect, we are seeking bank accounts of all other persons also," the CBI said.

To this, Justice Mukta Gupta said:

"Did you notice in this? It was not in the bank accounts of persons who were manning the prisons. They were getting it through PayTm in the names of x, y and z. It has nothing to do with the bank accounts."

The CBI responded that it was confirming the details of transactions from the banks and that relevant bank statements were also sought in the matter.

"To see what their allegation is, they say that we were asked to pay money through Paytm to x y and z who are not public servants. You will have to find out the connection between them," the Court said.

"We have examined 5 persons on this aspect. We are linking all the chain. We will file a detailed status report next month and most of the grievance of my learned friend will be sorted out," the CBI submitted.

At the outset, Advocate Mehmood Pracha appearing for the petitioner submitted before the Court that his case was not only restricted to the aspect of extortion or malfunctioning of CCTV footage but it was also about the fact that the said footage was deliberately shut off.

"Ultimately when they are investigating, they will ultimately go into the scientific evidence to find out whether cctv was not functional at the moment or it was deliberately closed," the Court said.

"Ultimately today we don't know who will be a witness and who will be an accused. They say they have examined it (witnesses). Ultimately they will have to come to a conclusion. Today some officers may be witness, tomorrow they may be accused. Let them conclude. We will see," it added.

However, on Pracha's request for some observations on Witness Protection, the Court told the investigating officer:

"You are the Investigating Officer, you have to see. If you feel someone who is being threatened or something, take whatever measures that are required."

The development comes in the case relating to Ankit Gujjar, a 29 year old Tihar Jail inmate who was allegedly murder inside the jail premises.

Earlier, the Court had transferred the probe in this matter from Delhi Police to Central Bureau of Investigation (CBI).

Previously, the Director-General of Prisons had informed the Court that 6,944 new CCTV cameras have been installed in the Delhi prisons to prevent any mishap or violence inside jails. It was also stated that all Jail Superintendents have been issued a circular suggesting remedial measures to be followed in case of any violence, etc.

The plea moved by Ankit's mother, sister and brother through Advocates Mehmood Pracha and Shariq Nisar, alleged that Ankit was being harassed by jail officials and was in fact murdered as a part of a pre-planned conspiracy.

Ankit Gujjar was found dead inside Tihar Jail on August 4. He was lodged in Central Jail No. 3. Four officials were also suspended by the DGP in connection with the incident, including Deputy Superintendent, two Assistant Superintendents and one Warden.

While transferring the probe to CBI, the Court said "Walls of prison, howsoever high they may be, the foundation of a prison is laid on the Rule of Law ensuring the rights to its inmates enshrined in the Constitution of India."

The Court was of the view that the case called for immediate remedial actions by the State and Director General, Prison so that 'unscrupulous officers at the Jail do not take advantage of knowledge of the non-working of the CCTVs so that they can get away by doing any illegal act/offences.'

"Further, even when Ankit got injured and was alive, in case proper medical treatment was provided to him, his life could have been saved and thus an investigation not only as to who all committed the offence of brutally beating the deceased Ankit resulting in his death has to be carried out, but the role of jail doctors in not providing proper treatment at the right time is also required to be ascertained by a proper inquiry," the Court had noted.

Furthermore, it added:

"Moreover, necessary rules and regulations so that the police is not denied entry in the jail to conduct an enquiry/investigation into the commission of a cognizable offence are also required to be made."

Case Title: Geeta & Ors. v. State