Police oppose plea for CBI probe into cop's death
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.