The Delhi high court on Tuesday pulled up the city police for not filing a proper response to a plea seeking a Central Bureau of Investigation probe into Constable Subhash Tomar's death during the anti-rape stir here, saying it would summon the police commissioner if the cops do not follow proper protocol in the case.
"You have to file a proper reply in a proper affidavit. This (reply filed by the police) is not acceptable. Perhaps I will have to take some drastic steps. Do you want the Commissioner of Police to stand here with the litigants? I can do that," Justice G P Mittal said warning the police.
The court's remarks came after the reply on behalf of the Delhi police was filed in the form of a status report by the Deputy Commissioner of Police (Crime) S B S Tyagi, instead of the police commissioner. It gave a week's time to the Ministry of Home Affairs, the Delhi government and the Delhi police to file their response.
The directions of the court came on the plea filed by advocate G K Bansal in his individual capacity.
Bansal has moved the court seeking a CBI probe into the case alleging contradictions in the statements of various officials including the Delhi Police Commissioner Neeraj Kumar, eyewitnesses and the medical expert on the reasons of Tomar's death.
Tomar, 47, was admitted to RML Hospital on December 23 and had died two days later due to alleged injuries received during the protests for justice for the 23-year-old Delhi gang-rape victim who died on December 29 in a Singapore hospital.
During the hearing, Bansal termed the action of the police as committing contempt of the court's orders and asked,
"Why is the police commissioner not filing the response."
He alleged before the court that the Commissioner has been "advised" not to file a response in the case.
Additional Solicitor General Siddharth Luthra, appearing on behalf of the Delhi police, submitted, "At this stage, we are raising a preliminary objection" but assured the court that a proper reply would be filed within the stipulated time.
