Tomar’s death: HC pulls up cops
30 Jan 2013 3:20 PM IST
The Delhi high court on Tuesday pulled up Delhi Police for not filing a proper response on a petition seeking Central Bureau of Investigation (CBI) probe into the death of constable Subhash Tomar during rape protests at India Gate. The court warned that it would summon the Police Commissioner if the police do not follow proper protocol in the case.
Justice GP Mittal said that the reply filed by police is not acceptable. The court gave a week’s time to the Ministry of Home Affairs, the Delhi Government and the Delhi Police to file their response.
The court pulled up the police after the reply on behalf of Delhi Police was filed in the form of a status report by the Deputy Commissioner of Police (Crime) SBS Tyagi, instead of the Police Commissioner. The court said that the Delhi Police have to file a proper reply in a proper affidavit.
The court was hearing a petition by advocate GK Bansal, who has moved the court seeking a CBI probe into the case alleging contradictions in the statements of various officials including Delhi Police Commissioner Neeraj Kumar, eye witnesses and the medical expert on the reasons of Tomar’s death.
Tomar was admitted to RML Hospital on 23 December and had died two days later due to alleged injuries received during the protests for justice for the 23-year-old Delhi gangrape victim who died on 29 December in a Singapore hospital.
During the hearing, Bansal termed the action of the police as committing contempt of the court’s orders and asked why is the Police Commissioner not filing the response. He alleged before the court that the Commissioner has been advised not to file a response in the case.
Additional Solicitor General (ASG) Siddharth Luthra, appearing on behalf of the Delhi Police, submitted that at this stage, we are raising a preliminary objection but assured the court that a proper reply would be filed within the stipulated time.
The court, meanwhile, directed the police to file short affidavits on a separate plea by the eight youths who have been made accused in the Constable’s death case for quashing of the FIR against them.
Shantanu Kumar and the other seven accused have sought quashing of the FIR registered on 23 December last under penal provisions of attempt of murder and rioting on the ground that they have been framed by the police without any substantial proof.
The court asked the police to file its reply before February 20, the next date of hearing. The police had invoked section 302 (murder) of the IPC against the accused after Tomar’s death.
Justice GP Mittal said that the reply filed by police is not acceptable. The court gave a week’s time to the Ministry of Home Affairs, the Delhi Government and the Delhi Police to file their response.
The court pulled up the police after the reply on behalf of Delhi Police was filed in the form of a status report by the Deputy Commissioner of Police (Crime) SBS Tyagi, instead of the Police Commissioner. The court said that the Delhi Police have to file a proper reply in a proper affidavit.
The court was hearing a petition by advocate GK Bansal, who has moved the court seeking a CBI probe into the case alleging contradictions in the statements of various officials including Delhi Police Commissioner Neeraj Kumar, eye witnesses and the medical expert on the reasons of Tomar’s death.
Tomar was admitted to RML Hospital on 23 December and had died two days later due to alleged injuries received during the protests for justice for the 23-year-old Delhi gangrape victim who died on 29 December in a Singapore hospital.
During the hearing, Bansal termed the action of the police as committing contempt of the court’s orders and asked why is the Police Commissioner not filing the response. He alleged before the court that the Commissioner has been advised not to file a response in the case.
Additional Solicitor General (ASG) Siddharth Luthra, appearing on behalf of the Delhi Police, submitted that at this stage, we are raising a preliminary objection but assured the court that a proper reply would be filed within the stipulated time.
The court, meanwhile, directed the police to file short affidavits on a separate plea by the eight youths who have been made accused in the Constable’s death case for quashing of the FIR against them.
Shantanu Kumar and the other seven accused have sought quashing of the FIR registered on 23 December last under penal provisions of attempt of murder and rioting on the ground that they have been framed by the police without any substantial proof.
The court asked the police to file its reply before February 20, the next date of hearing. The police had invoked section 302 (murder) of the IPC against the accused after Tomar’s death.
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