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HT Correspondent, Hindustan Times
New Delhi, January 29, 2013
The Delhi high court on Tuesday pulled up the Delhi Police for not filing a proper response to a plea seeking a CBI probe into constable Subhash Tomar’s death during the anti-gang rape protests at India Gate.

The court said it would summon the police commissioner if protocol was not followed in the case. “You have to file a proper reply in the form of 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.

The court’s remarks came after the reply on behalf of Delhi Police was filed in the form of a status report by deputy commissioner of police (crime) SBS Tyagi, instead of the police commissioner.

The court gave a week’s time to the home ministry, the Delhi government and the Delhi Police to file their responses.

A lawyer, Gaurav Bansal, had filed a plea seeking a CBI probe into the case, alleging contradictions in the statements of various officials, including Delhi Police Commissioner Neeraj Kumar, eye witnesses 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.

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?”