Ironically, the accused were cleared of the charges by investigators although Delhi Police had registered cases against all the eight after Tomar died. Police had initially claimed that the AAP activists who were protesting against the Delhi gang-rape thrashed the constable at India Gate and even trampled upon him.
On Tuesday, Additional Solicitor General Sidharth Luthra submitted that that there is no evidence incriminating these persons and hence they cannot be held responsible for the constable's death.
The accused did however behave as vandals at India Gate on that day, Luthra told the court. He cited electronic records which purportedly prove that the AAP activists "were involved in damaging public property."
Justice GP Mittal said that the final arguments on an advocate's plea to quash the charges filed against the eight accused will be heard on Mar 20.
Earlier, Somnath Bharti appeared for the AAP activists and used the testimony of two witnesses to buttress his point that none of the accused were even in the vicinity when the constable suddenly fell down on the road.
Yogendra, one of the witnesses, had recounted to several news channels how Tomar collapsed while chasing some of the protesters near India Gate.
Yogendra said that he tried to help the constable before others including Tomar's colleagues arrived at the spot. The second witness Pauline testified similarly.
Somnath Bharati pointed out that the medical superintendent of Ram Manohar Lohia Hospital where the constable was admitted also mentioned cardiac arrest as the cause of Tomar's death.
The advocate stressed that the statement made by the Commissioner of Police was contradictory to the versions put forth by Pauline, Yogendra and the medical superintendent.
The accused in the case were given bail on Dec 24.