The Delhi High Court today pulled up the city police for not filing a proper response to a plea seeking a CBI probe into Constable Subhash Tomar's death during the anti-rape stir here, saying it would summon the Police Commissioner if the cops do not follow proper protocol in the case.
"You have to file a proper reply in a proper affidavit. This (reply filed by the police) is not acceptable. Perhaps I will have to take some drastic steps. Do you want the Commissioner of Police to stand here with the litigants? I can do that," Justice G P Mittal said warning the police.
The court's remarks came after the reply on behalf of Delhi Police was filed in the form of a status report by the Deputy Commissioner of Police (Crime) S B S
Tyagi, instead of the Police Commissioner.
It gave a week's time to the Ministry of Home Affairs, the Delhi Government and the Delhi Police to file their response.
The directions of the court came on the plea filed by advocate G K Bansal in his individual capacity.
Bansal 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, 47, was admitted to RML Hospital on December 23 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 December 29 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 December 23 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.
The court also dismissed the plea of the youths to make RML Hospital, Mobile Store (where accused went for shopping on that day), DMRC and some other witnesses to the death of Tomar as parties to the case, saying impleading them would cause "unnecessary harassment" to them.
"If you would implead them, it would cause unnecessary harassment. You could have prayed for procurement of video footage, documents and evidence," the court said.
The court also refused the accused's plea seeking copies of DMRC and Mobile Store video footage as well as the medical records pertaining to Tomar's death.
"You are not to be provided with any copy of footage. I am not providing any copy of documents to you," Justice Mittal said, disregarding the contention of the accused' counsel that the medical records and footage could be tampered with.
Besides Shantanu, the other accused in the case are Amit and Kailash Joshi,
Nafees, Shankar Bisht, Nand Kumar, Abhishek and Chaman Kumar. All eight accused were granted bail by the trial court on December 24.
Advocate Bansal, in his plea, had alleged that eye witnesses' account indicate that the constable died "a natural death" and the police "created" its own story to ensure that the protests "die down".
The police had claimed that hooligans had taken over the peaceful protest and violence erupted at India Gate in which 78 policemen and 65 protesters were injured. PCR vans and DTC buses were also damaged by the violent protesters.
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