New Delhi: After noting that it was a very serious offence requiring an "in depth investigation" to unearth the alleged extortion taking place in the prison, the Delhi High Court on Wednesday directed the Central Bureau of Investigation (CBI) to probe the death of 29-year-old gangster Ankit Gujjar, who was allegedly killed by jail officials inside the Tihar jail last month.
In her order, Justice Mukta Gupta said that the investigation of the FIR in the present case had to be transferred to CBI while adding that further status report of the probe should be filed by the investigating body before the court on the next date of hearing. The case was earlier being investigated by the Delhi Police.
"Walls of prison, howsoever high they maye 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 stated in its order.
The court further went on to issue directions to the Director General of Prisons, Sandeep Goel, to issue immediate remedial actions, along with the state, while noting the issue of not providing proper and timely treatment and not making necessary rules and regulations so that officials don't take undue advantage of CCTV cameras not working inside the jail.
"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 order read.
Justice Gupta further added that 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 Director General was accordingly told to file a status report which shall consist of measures taken to streamline the system with regard to the jail's CCTV cameras and alternative measures that are taken if they are not working. Also, he was directed to lay out the steps taken on accountability of jail officers and doctors and on what was the mechanism by which immediate entry was provided to the police to the jail on receipt of an information of a cognizable offence and the remedial actions taken after that. The matter has now been adjourned to October 28.
Ankit Gujjar was found dead early last month inside Tihar Jail and four officials, including a Deputy Superintendent, two Assistant Superintendents and one Warden, were suspended by the DGP for the same.
The plea was moved by Ankit's family, through Advocate Mehmood Pracha, claiming that Ankit was being harassed by the jail officials and that his murder was a "pre-planned conspiracy".
In an earlier hearing, Justice Gupta had noted that Gujjar's death was a "clear case of custodial torture" and that if the allegations of extortion are true, then the same incidents might be happening with other inmates as well.