JUDGMENT :

1. 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. It is the violation of these Constitutional rights of Ankit Gujjar, who lost his life to custodial violence in Tihar Jail, which has compelled the petitioners Geeta, Shivani and Ankul, the mother, sister and brother of deceased Ankit Gujjar to file the present writ petition. The petitioners have impleaded State, Government of NCT of Delhi, Delhi Police through its Commissioner, Union of India through its Home Secretary, Ministry of Home Affairs and Central Bureau of Investigation (CBI) through its Director as respondent Nos.1 to 4 respectively inter alia seeking a writ of mandamus directing respondent No.4/CBI to take over the investigation of FIR No.451/2021 registered at PS Hari Nagar, Delhi from respondent No.2 and to provide adequate protection to the petitioners.

2. According to the petitioners, Ankit Gujjar was lodged in Central Jail No.3, Tihar Prison Complex as an under trial prisoner who was brutally beaten by the officials of Tihar Prisons on the intervening night of 3rd/4th August, 2021 a