Saturday, May 11, 2013
A succinct analysis of the famous judgment of Hon'ble Justice Mr. G P Mittal in the Constable Tomar Case
Judgement in the case of Shantanu Kumar and Ors. versus UOI and Ors bearing case number W.P. (CRL) 15/2013 wherein implication of 8 young boys for the death of Constable Sri Tomar was challenged by the way of a criminal writ was pronounced today (was reserved on 20.03.2013).
The Hon’ble court in its wisdom opinionated that asking for quashing of FIR at this stage is premature (probably because charge sheet is yet to be filed), but the good news for the eight boys who were implicated with a charge as severe as murder of Constable Tomar, is that it has been confirmed that they won’t be proceeded against u/s 302 of IPC and if at all the case proceeds against them beyond the stage of framing of charge, it would be for violation of Section 144 Order and other associated offences.
The Hon’ble Court has also clarified that since Section 144 imposition during the famous December 2012 protest around India Gate is already under challenge in Delhi High Court, the Hon’ble Court opted not to venture in that direction and left it for the respective bench to decide.
Though in our considered view, the Hon’ble High Court missed an opportunity to fix the Delhi Police for its grave wrongs and failures in ensuring the uninterrupted enjoyment of Constitutional Rights by the citizens of Delhi, but for the eight boys it surely comes as a great respite because of the confirmation of dropping of Section 302.
Since the Hon’ble High Court did not touch the question of inefficiency of the Delhi Police and the exposed conspiracy to kill the movement by arresting these eight youths for the charge of murder of Constable Tomar who was not only not murdered by these eight young men, he was murdered by no one and died his natural death because of Cardiac Arrest, we are contemplating on further legal action including lodging of an FIR against the Delhi Police Commissioner for his attempt to malign the eight boys with absolutely baseless and now dropped charge of murdering Constable Tomar.