Clear Case of Custodial Violence: Delhi HC on Ankit Gujjar's Death in Tihar Jail

The Delhi High Court Thursday noticed that the character accidents sustained by inmate Ankit Gujjar who died in Tihar jail clearly present that it was a case of custodial violence. Justice Mukta Gupta reserved order on the petition by Gujjar’s relations for switch of investigation into his alleged homicide to the CBI and stated that the incident concerned a bigger subject of extortion by jail officers.

The subject is the second a cellphone is recovered (from the deceased), your (jail) officer is asking for cash. It is a case that for each implication, cash is extorted from household. It is much extra severe. What has occurred to the deceased should have occurred to others additionally, the choose stated. The nature of harm clearly exhibits that it’s a case of custodial violence… It is writ giant that it’s a case of custodial violence and who has achieved it is usually very clear, she added.

Gujjar, 29, was discovered useless in his cell in Tihar jail on August 4. In the petition, the household alleged that Gujjar was being harassed by the jail officers as he was unable to fulfill their commonly rising calls for for cash and was murdered as part of pre-planned conspiracy.

On August 18, the courtroom had sought standing reviews from Delhi Police and jail authorities on the plea. Counsel for the household, advocate Mehmood Pracha stated that police was not conducting investigation in correct format because the DVR of the CCTV put in within the jail was but to be recovered and the facet of extortion of cash by jail officers via on-line transactions was not being appeared into.

The standing report filed earlier than the Justice of the Peace and standing report filed right here say that the harm is a minor harm. The autopsy present that 12 grievous harm, he stated. Counsel for the prosecution Ranbir Kundu acknowledged that the investigation by native police was ongoing in a good method.

He knowledgeable the courtroom that the deceased, who was discovered to be in possession of a cell phone amongst different issues, had attacked the Deputy Superintendent (DS) earlier within the day and as of now, motion has been initiated in opposition to sure officers. He could have dedicated an offence (however) this man (jail official) not solely beats him up however will get CCTV closed.. present the MLC of the DS.. This is just not a case of simplicitor departmental motion. A life has been misplaced. 12 accidents present it’s case of custodial torture, the courtroom remarked.

In its standing report, the jail administration has acknowledged that 4 officers, together with the Deputy Superintendent, have been suspended and eight others have been shifted from Central Jail No.3 and ordered to report back to the Superintendent, PHQ until additional orders. The police official involved acknowledged that as per the assertion of eyewitnesses, 30-35 individuals got here with dandas (sticks) to beat up the deceased and that as per the jail administration, CCTV cameras had been switched off as a result of technical points.

He added that facet of monetary transactions was being appeared into and sought three weeks’ time for additional probe. As per the police standing report, 28 witnesses have been examined and part 323/341 (voluntarily inflicting damage/ wrongful restraint) IPC have been added to the unique FIR registered below part 302/34 (homicide) IPC.

During the course of the proceedings, the courtroom orally noticed that transferring the case at this stage could delay additional investigation. In the petition filed via Pracha and Shariq Nisar, the household has alleged that the jail authorities in Tihar are working an organised extortion syndicate and the police was making an attempt to govern the investigation with a purpose to save and protect the culprits.

Although an FIR for fee of offences of homicide was registered after the instructions of a magisterial courtroom, a free and honest investigation by a impartial investigation company would inevitably result in invocation of not simply additional provisions below the Penal Code but additionally below particular legal guidelines such because the MCOCA, Prevention of Corruption Act and Prevention of Money Laundering Act, it stated The plea alleges culpability of the complete administration on the bottom that the CCTV had been ordered to be shut down by an official on the time of when the deceased was crushed.

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