While the High Court had directed investigation by the Delhi Police Special Cell, the apex court directed that the probe “be conducted by Delhi Police itself but by an officer not below the rank of Assistant Commissioner of Police”.THE SUPREME Court Wednesday upheld a Delhi High Court order directing registration of FIRs against former CBI Joint Director Neeraj Kumar and inspector Vinod Kumar Pandey over a 2000 incident, saying “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 said that a “plain reading of the” High Court’s June 26, 2006, 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”.The apex court said, “This is clearly reflected from the averments contained in the complaints and the petitions. Both the officers have acted in connivance, and it is alleged that one of the officers, Vinod Kumar Pandey, had acted at the behest of the senior officer, Neeraj Kumar. The question whether Vinod Kumar Pandey acted on the advice or behest of Neeraj Kumar or whether they were in connivance, is a matter of fact which has to be investigated.”The High Court order came on petitions by one Vijay Aggarwal and one Sheesh Ram Saini. While Aggarwal accused the two officers of coercing him to withdraw a complaint filed by his brother against Kumar, Saini’s plea alleged procedural irregularities, intimidation, and misuse of authority during seizures of documents by the officers who were on deputation to the CBI during the relevant time. Kumar, who retired in 2013, also served as Delhi Police Commissioner.The Supreme Court noted that the High Court had “held that the allegations of abuse, intimidation, and threats, including use of vulgar language to coerce Vijay Aggarwal to ensure withdrawal of his brother’s complaint…were serious and not unfounded”, and that “such conduct was grave in nature and prima facie disclosed the commission of cognizable offences under IPC”.It said that though the CBI had held a preliminary enquiry into the allegations and concluded that no offence was made out and that the allegations of abuse and coercion were unsubstantiated, the High Court had held that “the correctness or veracity of the allegations could not have been gone into at the stage of a preliminary enquiry and that such allegations, being serious in nature, could not be brushed aside lightly”.The top court pointed out that Aggarwal and Saini had approached the High Court after police refused to register FIR on their complaints and said: “therefore, if the Constitutional Court has exercised its discretion in entertaining the petitions and directing for the registration of the FIR against the two officers, on being satisfied that the commission of a cognizable offence is prima facie made out against them, we see no good reason to interfere with such discretion.”Story continues below this adThe court, however, said that the “opinion expressed by the High Court in regard to commission of the cognizable offences is only a prima facie opinion and has to be treated as such, so as not to affect the discretion of the Investigation Officer, subsequent to the investigation”.Writing for the bench, Justice Mithal said, “It is trite to point out that the offence is alleged to have been committed in the year 2000 and till date the matter had not been allowed to be investigated. It would be 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 directed investigation by the Delhi Police Special Cell, the apex court directed that the probe “be conducted by Delhi Police itself but by an officer not below the rank of Assistant Commissioner of Police”. Stay updated with the latest - Click here to follow us on Instagram© The Indian Express Pvt LtdTags:delhi high court