Verdict reserved on pleas on cop's death

The Delhi High Court on Wednesday 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,” said justice G P Mittal 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," said the ASG.

The other plea seeking CBI probe into the case, filed by advocate Gaurav Kumar Bansal, cannot be entertained as he is not “connected” either as a complainant or as an accused or as a witness, said the ASG. Moreover, newspaper reports, on their own, cannot form basis for filing a case like this, he added.

The ASG also showed the judge the video footage of “violent” protests at India Gate on December 23. He said the plea for quashing of the FIR was “premature” as 49 policemen and 69 protesters got injured in the incident, properties were destroyed and the accused cannot decide the course of probe.

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