City police on Wednesday opposed in the Delhi High Court a plea seeking a CBI probe into the death of constable Subhash Tomar, owing to alleged injuries received by him during the anti-rape stir here last year.
Delhi Police said third party “intervention” should not be allowed in a criminal case. “The petitioner is a lawyer. He is neither an accused nor a witness in this case,” said Additional Solicitor General Siddharth Luthra, appearing for Delhi Police.
Citing a Supreme Court judgement, the ASG said, “It has been held that a third party intervention cannot be allowed in a criminal case.
Also, the petition is not a PIL and the entire case is based on media reports.” He said details of ongoing investigation cannot be shared with a third party, and their disclosure will “prejudice” the investigation.
“However, we can share the case diary and other details in a sealed cover if the court asks,” said Luthra.
The court was hearing a plea by advocate Gaurav Kumar Bansal seeking a CBI probe into the case alleging contradictions in the statements of officers, including police commissioner Neeraj Kumar, witnesses and the medical expert on how Tomar died.