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.