Delhi High Court transfers investigation into death of Tihar inmate Ankit Gujjar to CBI

The Delhi High Court today transferred the investigation into the alleged murder of Tihar Jail inmate and gangster Ankit Gujjar from the Delhi Police to the Central Burau of Investigation (CBI) (Geeta v. State)..Justice Mukta Gupta, who reserved orders in the plea last week, observed, "It is evident that in case the allegations made by the petitioners are correct, it is a very serious offence which requires in depth investigation to unearth the manner in which alleged extortion is carried out in the prison.".The Court directed the concerned Superintendent of Police, CBI to carry out an investigation and file a status report well before the next date of hearing..Justice Gupta also sought a status report to be filed by the Director General, Prisons detailing the measures taken to streamline the CCTV system in Tihar. Further, the Court remarked that the case called for immediate remedial action by the State and DG, Prisons to ensure 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..The petitioners before the High Court submitted that Ankit Gujjar, who was an undertrial prisoner in Tihar Jail, was brutally beaten in a scuffle involving jail officials and another inmate. Despite repeated PCR calls, no effort was made to save him. Gujjar succumbed to his injuries after not receiving proper medical treatment.Further, it was submitted that neither was a complaint lodged, nor was any evidence collected in relation to the incident. It was also claimed that Gujjar was being harassed by jail officials for not being able to meet regularly increasing demands of money made by them.The Court was asked to direct the CBI to take over the investigation and provide protection to the petitioners..At the very outset of the judgment, Justice Gupta noted that the petition filed by the mother, sister and brother of Gujjar was a result of a violation of his constitutional rights resulting from his death caused by custodial violence.“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.”.While passing orders and directions, the High Court observed that even when the deceased was injured and alive, his life could have been saved if proper medical treatment was provided to him. Therefore, the role of jail doctors in not providing proper treatment at the right time was also directed to be ascertained. The Court thus deemed it fit to transfer the probe into Gujjar's death to the CBI..On 18 August, the Court had directed the DG, Prisons and Joint Commissioner of Police to file a status report. The report was brought before the Court and amongst other things, it detailed that the CCTV cameras were shut down on the request of the agency executing the work of commissioning of CCTV cameras due to a technical glitch..Delhi High Court seeks response from Tihar jail on death of gangster and inmate, Ankit Gujjar.[Read Order Here]