Accused in constable's death move HC for quashing of FIR

The eight accused in the death of Constable Subhash Tomar during anti-rape stir in capital moved the Delhi High Court seeking quashing of an FIR against them for murder and rioting offences, claiming that they have been falsely implicated "without an iota of evidence".

Taking note of the plea, the High Court asked the city police to file within a week a status report on its probe into the circumstances leading to death of Tomar, who was allegedly assaulted on December 23 by the eight protesters during the protests against the brutal gangrape of a paramedical student on December 16.

Justice G P Mittal also issued notices to the Ministry of Home Affairs and the Delhi government. Fixing the matter for further hearing on January 15, it also allowed the accused, who are out on bail, to amend their petition to insert an additional prayer for CBI investigation in the whole incident.

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

Police later invoked section 302 (Murder) of the IPC against them after Tomar's death at a hospital here.

"The whole city is scared as a sister was sexually assaulted and the brothers who came out on roads to protest were made accused by the Delhi police.

"The head of the Delhi police needs to be called here in the court and asked to give reasons as to how he made false statements in his press conference about the whole case," said the counsel for accused.

He also referred to the alleged dissimilarities in the statements of Delhi Police Commissioner Neeraj Kumar, two eye-witnesses and a doctor of Ram Manohar Lohia (RML) Hospital to buttress his allegation that Tomar collapsed on his own and was not assaulted by the accused.

The counsel said the video footage of DMRC amply suggests that the two accused, Kailash Joshi 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 asked city police to file the report.

Meanwhile, the court said it will take up on January 15 a separate plea of Gaurav Kumar Bansal, an advocate seeking CBI probe into constable's death.

Tomar, who died on December 25 at RML hospital, was posted at Karawal Nagar police station here and was called to help police in maintaining law and order at India Gate during the ant-rape protests on December 23.

Besides Amit, Kailash Joshi and Shantanu Kumar, Nafees, Shankar Bisht, Nand Kumar, Abhishek and Chaman Kumar - have been made accused.

The eight accused were granted bail by the trial court on December 24.