New Delhi, May 9 (IANS) The Delhi High Court Thursday rejected two pleas seeking a CBI probe into the death of a constable who collapsed during an anti-rape protest here last year and the quashing of cases filed against eight people for his death.
Justice G.P. Mittal observed that no grounds could be found for transfer of investigations from police to the Central Bureau of Investigation (CBI).
“No material has been placed on record by the petitioner which would compel the court to transfer investigation from Crime Branch to the CBI,” the court said.
Justice Mittal also refused to quash the first information report (FIR) filed against eight people accused of murder of constable and damaging public property near India Gate during the agitation.
“The FIR at this stage cannot be quashed and no further directions are needed in the writ petitions, the same is accordingly dismissed,” said the court on a plea filed by advocate Somnath Bharti for the accused who sought the dropping of charges.
The court took note of the submission of Additional Solicitor Genral (ASG) Siddharth Luthra that the eight accused would not be charged for murder of the constable under section 302 of IPC but they had to face the charges for destruction of public property.
Constable Subhash Tomar died Dec 25, 2012 – two days after he collapsed on a road near India Gate while controlling anti-rape protests.
Police booked eight people – Kailash, Amit Joshi, Shantanu Kumar, Nafees, Shankar Bisht, Nand Kumar, Abhishek and Chaman Kumar – for murder and destruction of public property.
Advocate Bharti, while seeking quashing of FIR, told the court: “The manner in which the murder charge was first slapped against the youths and then dropped speaks volume about the way investigation has been conducted by police.”
Police opposed the plea seeking quashing of the FIR.
Advocate Gaurav Kumar Bansal, on his own initiative, filed the plea seeking a CBI probe into the case alleging there were contradictions in the versions of police, witnesses and doctors.
The investigators claimed Tomar was assaulted and trampled upon by the accused. However, two witnesses said that he collapsed while chasing the crowd and was not beaten or trampled by the protesters.
He said the police commissioner’s statement was contradictory to the version of two witnesses, Yogendra and Pauline and the medical superintendent of Ram Manohar Lohia Hospital, where Tomar was admitted and later died.
Advocate Bansal’s plea seeking a CBI probe was also countered by Luthra.