Notice to Centre on CBI probe plea into constable's death
Posted on: 02:40 PM IST Jan 15, 2013
New Delhi: The Delhi High Court on Tuesday sought replies of the Centre and the city police to a plea for Central Bureau of Investigation (CBI) probe into Constable Subhash Tomar's death owing to alleged injuries received by him during the anti-rape stir in Delhi. "Issue notice to the Ministry of Home Affairs, the Delhi Government and the Delhi Police. Responses be filed within seven days," said Justice GP Mittal, taking note of the plea filed by lawyer GK Bansal, in his individual capacity.
Advocate Bansal has moved the court seeking 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. The court, meanwhile, ordered preservation of call and locational records of the mobile numbers used by the eight youths who have been made accused in the constable's death case.
The direction came on a separate petition filed by the eight accused seeking quashing of the FIR against them on the ground that they have been framed by the police without any substantial proof. The court also asked the counsel for the accused to furnish the names of mobile service providers during the day so that they can be served with the order for preservation of mobile call records of all the eight "right from early morning of December 23 to midnight."
The court, however, did not allow their plea for a copy of DMRC video footage, accessed and taken by the Crime Branch of Delhi Police, which is probing the constable's death case. "We fear the video footage can be manipulated by police," the counsel said.
The court, however, said it would deal with the plea on the next date of hearing on January 29. Tomar, admitted to RML Hospital on December 23, died two days later due to alleged injuries received during the protests by people seeking justice for the 23-year-old Delhi braveheart who died on December 29 in a Singapore hospital.