New Delhi: The Delhi High Court today reserved its verdict on two separate pleas seeking quashing of the FIR and transfer of probe from city police to CBI in the case lodged for various offences including rioting and death of constable Subhash Tomar during anti-rape protests here.
"The judgements are reserved," Justice G P Mittal said after Additional Solicitor General (ASG) Siddharth Luthra, appearing for Delhi Police, wrapped up the arguments by seeking dismissal of the petitions.
"So far as the petition (of eight accused) seeking quashing of the FIR is concerned, this court should not quash the FIR just for the sake of quashing as the FIR, besides the unfortunate death of constable Tomar, also relates to destruction of public properties, stopping public servants from performing their duties and breach of (prohibitory) order passed under section 144 of CrPC," the judge said.
The other plea, filed by advocate Gaurav Kumar Bansal, seeking CBI probe into the case, cannot be entertained as he is not "connected" either as a complainant or as an accused or as a witness and moreover, newspaper reports, on their own, cannot form basis for filing a case like this, he said.
In the proceedings, spanning nearly four hours, the ASG also showed the judge the video footage of "violent" protests at India Gate on December 23 and said the plea for quashing of the FIR was "premature" as "49 policemen and 69 others (protesters) got injured in the incident, properties were destroyed and the accused cannot decide the course of probe.
Earlier, Delhi Police had given clean chit to eight youth saying that no evidence has been found that they were involved in the murder of constable Tomar.
Tomar, who died on December 25 at RML hospital, was posted at Karawal Nagar police station here and was called to help police in maintaining law and order at India Gate during the anti-rape protests on December 23.