'Those who investigate must also be probed': SC orders FIR against ex-Delhi top cop

New Delhi, Sep 10 (PTI) The Supreme Court on Wednesday said those who investigate must also be probed as it ordered an FIR against former Delhi Police commissioner Neeraj Kumar in a two-decade old case, involving allegations of fabrication of documents and criminal intimidation.

The case relates to an incident in 2001 when Kumar was posted as a joint director in the CBI and alleges fabrication of documents in a case.

The Delhi High Court on March 13, 2019 dismissed the appeals against a 2006 order of its single-judge bench directing FIR against Kumar and then CBI officer Vinod Kumar Pandey.

"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.

Upholding an order of the Delhi High court, the top court directed the matter to be investigated by the Delhi Police Special Cell and by an officer not below the ACP rank.

"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," the bench said.

The top court underlined the "cardinal law" which says justice must not only be done, but must also be seen to be done.

It came on record that two different 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 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 apex court, however, noted the registration of the FIR against the two officers was not likely to cause any prejudice to them.

The officers, it said, will have the right to participate in the investigation to prove they didn't commit a crime.

"Thereupon, the IO on consideration of the material collected during investigation, may submit a closure report or file the chargesheet. In the event, a closure report is filed and accepted by the magistrate, the appellants will have no grievance," the bench said.

In the event of a chargesheet, the appellants will have an opportunity to assail the same before the appropriate forum, it added.

The top court did not find it prudent to scuttle the filing of the FIR or the investigation, when the high court in exercise of its constitutional powers found a prima facie, cognisable offence, against the two officers.

The apex court stressed that the investigating officer would conduct the investigation strictly in accordance with law without being influenced by any finding or observation made by the high court and should conclude the same as expeditiously as possible, preferably within three months given the case was pending for long.

"The appellants are directed to join the investigation and to cooperate with the IO by appearing before him, as and when called upon. In the event they join the investigation and appear before the IO regularly, no coercive steps shall be taken against them, including that of arrest, until and unless the IO records satisfaction that custodial interrogation at any stage is necessary," the bench said. PTI PKS PKS AMK AMK