Police oppose CBI probe into constable Tomar's death

Last Updated: Wed, Feb 27, 2013 14:30 hrs

New Delhi, Feb 27 (IANS) Delhi Police Wednesday opposed a plea in the Delhi High Court seeking a CBI probe into the death of a constable who collapsed while controlling anti-rape protests here last year.

Additional Solicitor General Sidharth Luthra, appearing for the police, told the court that investigation was pending in the case and a third party (petitioner) could not be allowed in the case.

"How is he (petitioner) interested in the pending investigation? We cannot give details to the third party who is not involved in the case. Third party should not be allowed in the case under the garb of public interest," said Luthra.

The court was hearing a petition filed by lawyer Gaurav Kumar Bansal seeking a Central Bureau of Investigation (CBI) probe into constable Subhash Tomar's death Dec 25 -- two days after he collapsed on a road near India Gate while controlling anti-rape protests.

The central and Delhi governments, meanwhile, refused to file a reply in the case saying they were not concerned with the case.

Justice G.P. Mittal posted the matter for March 12.

Bansal, seeking a CBI enquiry, alleged that there were contradictions in the versions of police, witnesses and doctors.

The plea said the police commissioner's statement was contradictory to the version of two witnesses -- Yogendra and Pauline -- and the medical superintendent of Ram Manohar Lohia Hospital, where Tomar was admitted and breathed his last.

Police said Tomar was assaulted and trampled upon by the crowd protesting at India Gate Dec 23 against the gang-rape of a trainee physiotherapist. But two witnesses said he collapsed while chasing the crowd and was not beaten or trampled upon, the petition said.

However, police said Tomar was beaten and assaulted by demonstrators.

Two of the protesters, whose assistance to the collapsed constable was filmed, denied the police charge and said he fell on his own while chasing protesters.

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