In a significant judgment, the Supreme Court on Wednesday (September 10, 2025) upheld a Delhi High Court order directing the registration of FIRs against former CBI Joint Director Neeraj Kumar and Inspector Vinod Kumar Pandey in connection with an incident dating back to the year 2000. The court remarked that “those who investigate must also be investigated” to preserve public trust in the justice system.
A bench of Justices Pankaj Mithal and P B Varale observed that a plain reading of the Delhi High Court’s June 26, 2006 verdict suggested “irregularities, if not illegality,” on the part of the officers, making them prima facie liable for the alleged offences.
The matter stemmed from complaints by Vijay Aggarwal and Sheesh Ram Saini. Aggarwal alleged that the officers coerced him into withdrawing a complaint filed by his brother against Neeraj Kumar, while Saini accused them of procedural violations, intimidation, and misuse of authority during document seizures. At the time, both officers were on deputation to the CBI. Neeraj Kumar, who later served as Delhi Police Commissioner, retired in 2013.
The Supreme Court pointed out that the High Court had treated allegations of abuse, threats, and coercion as “serious and not unfounded,” revealing prima facie cognizable offences under the IPC. It said the CBI’s earlier preliminary enquiry—concluding no offence was made out—was inadequate, since such allegations could not be dismissed at the enquiry stage.
Aggarwal and Saini had turned to the High Court after police refused to register FIRs. The High Court subsequently ordered FIRs against the officers, a decision now endorsed by the Supreme Court. “Justice must not only be done but must also be seen to be done,” Justice Mithal observed while writing for the bench.
The apex court, however, clarified that the High Court’s views were only prima facie and would not prejudice the discretion of the investigating officer. It directed that the Delhi Police should conduct the probe, assigning it to an officer not below the rank of Assistant Commissioner of Police.
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