SC orders FIR against former Delhi Police chief Neeraj Kumar in 25-year-old case

Noting that justice must not only be done, but must also be seen to be done, the Supreme Court on Wednesday ordered registration of an FIR against former Delhi Police Commissioner Neeraj Kumar and ex-CBI Inspector Vinod Kumar Pandey in connection with 25-year-old allegations of fabrication of documents and criminal intimidation.

“It is trite to point out that the offence is alleged to have been committed in 2000 and till date the matter had not been allowed to be investigated. 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,” a Bench of Justices Pankaj Mithal and Punjab Varale said.

Writing the judgment for the Bench, Justice Mithal said, “It is cardinal in law that justice must not only be done, but must also be seen to be done. 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.”

The top court said, “It would not be a prudent exercise at this stage to scuttle the registration of the FIR or the investigation, when the High Court in exercise of its constitutional powers had opined that prima facie, a cognizable offence is made out against the two officers, that too upon elaborate consideration of the preliminary inquiry report of the Joint Director of CBI.”

Ordering the investigation to be conducted by a Delhi Police officer not below the rank of Assistant Commissioner of Police, the Bench directed Kumar and Pandey join the investigation and to cooperate with the I.O. by appearing before him, as and when called upon.

“In the event they join the investigation and appear before the I.O. regularly, no coercive steps shall be taken against them, including that of arrest, until and unless the I.O. records satisfaction that custodial interrogation at any stage is necessary,” the Bench said.

“The I.O. would conduct the investigation strictly in accordance with law without being influenced by any finding or observation made by the High Court in the impugned order(s) or by this Court hereinabove and shall conclude the same as expeditiously as possible, preferably within three months as the matter is quite old,” it said.

The alleged fabrication of documents and criminal intimidation relates to an incident in 2000 when Kumar was posted as a joint director in the CBI.

A Division Bench of the Delhi High Court on March 13, 2019, dismissed their appeals against a 2006 order of a single-judge Bench for registration of an FIR against Kumar and Pandey. The top court upheld the high court’s order.

Two individuals Sheesh Ram Saini and Vijay Kumar Aggarwal filed separate complaints before the police on July 5, 2001, and February 23, 2004, respectively, seeking investigation but no action was taken.

While Saini alleged fabrication of documents by Kumar and Pandey, Aggarwal alleged being criminally intimidated by Pandey at Kumar's instance. Aggarwal at the time was being investigated by the CBI in a disproportionate assets case along with his brother, the controversial former ED official Ashok Aggarwal.

The top court pointed out that when police authorities expressed reluctance to entertain their complaints on the ground that it was not proper to investigate CBI officers, the complainants moved the high court.

The top court, however, noted the registration of the FIR against the two officers was not likely to cause any prejudice to them. The officers will have the right to participate in the investigation to prove they didn't commit a crime, it said.