Supreme Court says investigators must also face probe, upholds FIRs against former CBI officers

The Supreme Court on September 10 upheld a Delhi High Court order directing registration of FIRs against former CBI Joint Director Neeraj Kumar and inspector Vinod Kumar Pandey in connection with a 2000 case, declaring that “it is high time that sometimes those who investigate must also be investigated to keep alive the faith of the public at large in the system.”

A bench of Justices Pankaj Mithal and P B Varale ruled that the allegations of intimidation, abuse of authority and procedural irregularities against the officers were grave enough to warrant a criminal probe, rejecting their contention that a preliminary CBI enquiry had already cleared them.

Kumar, who went on to serve as Delhi Police Commissioner before retiring in 2013, and Pandey, were accused by complainants Vijay Aggarwal and Sheesh Ram Saini of coercion, intimidation and misuse of authority while on deputation to the CBI. Aggarwal alleged he was forced to withdraw a complaint filed by his brother against Kumar, while Saini claimed harassment and irregular seizures of documents.

The apex court observed that the High Court, in its 2006 ruling, had made it clear that such allegations could not be brushed aside. “A plain reading of the judgment reveals that the officers of the CBI in the dock have committed irregularities, if not illegality, in discharge of their official duties and are prima facie guilty of the commission of the offences as alleged,” Justice Mithal wrote.

Reiterating that allegations of threats and vulgar intimidation could not be dismissed through a preliminary enquiry, the court said: “It would be a dichotomy of justice if such an offence is allowed to go uninvestigated, particularly when there is involvement of the officers on deputation to CBI. It is cardinal in law that justice must not only be done, but must also be seen to be done.”

While the High Court had earlier directed the Delhi Police Special Cell to investigate, the Supreme Court ordered that the probe now be conducted by Delhi Police itself, under an officer not below the rank of Assistant Commissioner of Police.