Breaking: Delhi High Court Transfers Probe Into Alleged Murder Of Tihar Inmate Ankit Gujjar To CBI

The Delhi High Court on Wednesday transferred the probe into 29 year old Tihar Jail inmate, Ankit Gujjar's alleged murder inside the jail premises, from Delhi Police to Central Bureau of Investigation (CBI).

The order was pronounced by a single bench of Justice Mukta Gupta who had reserved orders earlier this month on the plea.

"Investigation of FIR 451 of 2021 to be transferred to CBI. Further status report of investigation to be filed by CBI before this Court on next date of hearing," said the Court while pronouncing order.

"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," said the Court.

The Court also added that it has issued directions to Director General of Prisons on the issue of laxity in not providing proper treatment on time and also for making necessary rules and regulations so that when CCTV cameras are not working inside jail premises, officers don't take advantage of the same. 

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.

The matter will now be considered on October 28.

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.

Earlier, calling it a serious matter, Justice Gupta had remarked that the death of 29 year old Tihar Jail inmate, Ankit Gujjar, was a clear case of custodial torture.

The Court also observed that if the allegations of extortion is true, then same incidents might be happening with others as well.

The Court had sought status report from Tihar Jail authorities as well as the Delhi Police in the plea.

It had also directed Director General (Prisons) to preserve all the CCTV footages having bearing on the incident, i.e. prior to the incident, at the time of incident and thereafter.

"The brutality meted out to the deceased as evidenced from the photographs of his corpse, coupled with the fact that he was left to die in a solitary cell without any medical attention whatsoever, renders to the present case a colour of the rarest of rare category," the plea read.

Case Title: GEETA AND ORS v. STATE & ORS

Click Here To Read Order