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Constable Tomar death: Delhi HC pulls up police, warns Commissioner may be summoned

CNN-IBN
Jan 29, 2013 at 09:10pm IST

New Delhi: The Delhi High Court on Tuesday 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 in the national capital, saying it would summon the Police Commissioner if the police won't 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 GP 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.

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's directions came on the plea filed by Advocate GK Bansal in his individual capacity.

Constable Tomar death: Delhi HC pulls up police

The court directed the Ministry of Home Affairs, the Delhi government and the Delhi Police to file their response within seven days.

Bansal had 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 the Ram Manohar Lohia Hospital on December 23 and died two days later due to the alleged injuries he received during the protests at India Gate for justice for the 23-year-old Delhi gangrape victim, who died on December 29 in a Singapore hospital. A video footage showed Tomar collapsing at the India Gate during the protests against the gangrape of a 23-year-old girl in Delhi. He was immediately admitted to Ram Manohar Lohia, where he succumbed to his alleged injuries on December 25.

A video footage showed Tomar collapsing at the India Gate during the protests against the gangrape of a 23-year-old girl in Delhi. He was immediately admitted to Ram Manohar Lohia, where he succumbed to his alleged injuries on December 25. While the eight men - who have been booked for causing Tomar's death - claim that they were being framed by the police, the constable's family says that Tomar was pushed and trampled upon by the protesters.

A video footage showed Tomar collapsing at the India Gate during the protests. While the eight men - who have been booked for causing Tomar's death - claim that they were being framed by the police, the constable's family says that Tomar was pushed and trampled upon by the protesters.

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.

(With additional information from PTI)

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