New Delhi: The city police on Wednesday opposed in the Delhi High Court a plea seeking a CBI probe into death of Constable Subhash Tomar owing to alleged injuries received by him during the anti-rape stir here, saying the third party "intervention" should not be allowed in a criminal case.
"The petitioner is a lawyer. He is neither an accused nor a witness nor the complainant in the instant case," Additional Solicitor General (ASG) Siddharth Luthra, appearing for Delhi police, submitted before Justice G P Mittal.
Citing a Supreme Court judgement, the ASG said "it has been held that a third party intervention cannot be allowed in a criminal case. Moreover, the petition is not a PIL and the entire case is based on media reports."
He also said the details of ongoing investigation "cannot be shared" with a third party and their disclosure would "prejudice" the investigation. "However, we can share the case diary and other details in a sealed cover if the court asks."
The court was hearing the plea of advocate Gaurav Kumar Bansal 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.
Earlier, the court had issued notices to police, Delhi government and the Ministry of Home Affairs on the plea that had also alleged that Tomar`s death was portrayed as murder to ensure that the protest against the December 16 gangrape of a 23-year old girl in a moving bus dies down.
During the hearing today, Bansal also cited some judgements and said a probe by CBI was needed as the action of police, which is probing the case, was "suspect".
There are eye witnesses and the doctor who said Tomar died a natural death and he had no injury marks, he said.
The court has posted the matter for hearing on March 12.