The petition, which is likely to come up for hearing on January 4 before a bench headed by Chief Justice D Murugesan, sought the probe 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.
"The version given by Delhi police and statements of independent eyewitnesses namely Yogendra and Paulin as well as the statement of Medical Superintendent namely T S Sidhu (of RML Hospital) with regard to cause of death of Subhash Tomar are contradictory to each other and the same create serious doubts in the mind of general public on the transparency and modus operandi of Delhi Police," the plea said.
Seeking a CBI probe into the incident, the plea, filed by one G K Bansal, alleged the eye witnesses' account indicate that the constable died "a natural death" and the police "created" its own story to ensure that the protest "die down".
"As per the statements given by ...eye witness namely Ms Paulin, at the time when Tomar collapsed there was no crowd and no external injuries were seen on his body," the petition said.
The Police Commissioner, in a press conference, had said that he was told that Tomar received injuries on stomach, neck and chest and the same was the reason for his unfortunate and untimely demise, the petition said adding the eye witnesses and medical experts, however, had said there were no serious injuries.
Tomar, 47, admitted to RML Hospital on December 23, died two days later allegedly owing to injuries received during the violent protests by people who sought justice for 23-year-old gang rape victim, who also died on December 29 in a Singapore hospital.