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Notice to Centre on plea for CBI probe into cop`s death

The Delhi HC sought replies of the Centre and the city police to a plea for CBI probe into Constable Subhash Tomar`s death.

New Delhi: The Delhi High Court on Tuesday sought replies of the Centre and the city police to a plea for CBI probe into Constable Subhash Tomar`s death owing to alleged injuries received by him during the anti-rape stir here.

"Issue notice to the Ministry of Home Affairs, the Delhi Government and the Delhi Police. Responses be filed within seven days," said Justice G P Mittal, taking note of the plea filed by lawyer G K 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

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, 47, 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 gang rape victim who died on December 29 in a Singapore hospital.

The Delhi Police, meanwhile, sought an adjournment of the hearing saying that it had engaged Additional Solicitor General Siddharth Luthra to argue its case but he was not available today. The plea was allowed.

The police, as per earlier directions, filed a status report giving details of the sequence of events and the probe conducted so far in the case.

Earlier on January 4, the high court had issued notices to the Centre and the Delhi government and had sought a status report from the city police on the plea of the eight accused.

Shantanu Kumar and the other seven accused have moved the high court for quashing of the FIR lodged against them on December 23, 2012 under penal provisions of attempt of murder and rioting.

The police had later invoked section 302 (Murder) of the IPC against them after Tomar`s death.

Besides Shantanu, the other accused in the case are Amit and Kailash Joshi, Nafees, Shankar Bisht, Nand Kumar, Abhishek and Chaman Kumar.

All eight accused were granted bail by the trial court on December 24.
On the last date of hearing, their counsel had told the high court that the DMRC video footage amply suggests that two accused, Kailash and his brother Amit, were travelling in a metro at the time of the incident and their false implication in this case raises a serious issue.

Taking note of the submission, the court had asked city police to file the report and fixed the matter for further hearing on January 15 along with the plea of Bansal.

Bansal in his plea had alleged that eye witnesses` account indicate that the constable died "a natural death" and the police "created" its own story to ensure that the protest "die down".

The police had claimed that hooligans had taken over the peaceful protest and violence erupted at India Gate in which 78 policemen and 65 protesters were injured. Various PCR vans and DTC buses were also damaged by the violent protesters.