Tihar Inmate Ankit Gujjar Death Case- Delhi HC Seeks Status Report Of DG, Prisons Indicating Measures To Ensure Safety & Security Of Other Inmates

In another development in the case pertaining to the alleged murder of inmate Ankit Gujjar, a 29-year old gangster, inside Tihar Jail, the Delhi High Court on Monday sought status report from Director General of Prisons indicating the measures taken by the authorities to ensure safety and security of other inmates.

Justice Mukta Gupta was dealing with a petition moved by five inmates through Advocate Mehmood Pracha claiming to be eye witnesses in the incident thereby fearing that pressure will be mounted on them in order to change their statements. 

While three inmates are presently lodged inside the Tihar Jail, two of them are out on interim bail which is ending on September 24. The two Petitioners out on interim bail had informed the family of Ankit Gujjar that he was mercilessly beaten immediately after coming out. Accordingly, PCR calls were made in the matter.

While listing the matter to September 27, the Court ordered thus:

"The Director General of Prisons will ensure that the petitioners no 1 to 3 who are in custody and petitioners no 4 and 5 who will surrender, are kept inside an area where CCTV cameras is fully functional so that every ingress and outgress through their cells is maintained and properly monitored."

The Court had transferred the probe into Ankit Gujjar's death from Delhi Police to Central Bureau of Investigation (CBI) last week.

During the course of hearing today, Counsel Rajesh Kumar appearing for CBI informed the Court that it had registered an FIR in the matter.

The Court issued notice on the plea and sought status report from the DG, Prisons by the next date of hearing.

"In the meantime, since it is the case of petitioner no. 1 and 2 that they have received injuries, the status report will also include their MLCs," the Court added.

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 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."

The Court directed Director General of Prison to file a status report indicating the measures taken to streamline the system as regards the CCTV cameras at the Jail and when the same are not working what alternative measures can be taken in the meantime, accountability of the Jail officers and Jail doctors and the mechanism by which immediate entry is provided to the police to the Jail on receipt of an information of a cognizable offence and the remedial steps taken thereon.