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High Court stays order against two ex-CBI officials

Staff Reporter

Division Bench order comes on a revision petition

NEW DELHI: A Division Bench of the Delhi High Court on Wednesday stayed an order by a Single-Judge Bench directing the Delhi police to register an FIR against two officials of the Central Bureau of Investigation (CBI) for allegedly "criminally intimidating and keeping an accused in illegal confinement''.

The Division Bench comprising Justice Mukul Mudgal and Justice S.N. Aggarwal stayed the order on a revision petition by CBI. The Single-Judge Bench order was stayed till the disposal of the revision petition.

Appearing for CBI, Gopal Subramaniam submitted that investigating officers would not be able to conduct a probe if such frivolous cases were lodged against the agency.

Directing the Special Cell of the Delhi police to register a case against former CBI Joint Director Neeraj Kumar and Inspector Vinod Kumar Pandey on a petition by Vijay Aggarwal, brother of former Director of the Delhi Zone of the Enforcement Directorate, Justice R.C. Jain of the High Court had said that "the Delhi police is directed to register an FIR on the basis of allegations contained in the present petition and the petitioner's complaint to the Delhi Police Commissioner on February 23, 2004''.

In his petition, Vijay Aggarwal had accused Inspector Pandey of summoning him at the instance of Mr. Neeraj Kumar at the agency's headquarters and coercing him to ask Ashok Aggarwal to withdraw a criminal complaint filed by him charging Mr. Neeraj Kumar and Deputy Superintendent of Police Ramneesh with forging a Interpol fax message to oppose his bail application in a disproportionate assets case.

Forgery case

CBI is prosecuting Ashok Aggarwal and Vijay Aggarwal in a case of disproportionate assets. CBI is also prosecuting Ashok Aggarwal in a forgery case.

Mr. Justice Jain had held that the act of the Inspector in summoning the petitioner at his office on June 7 and June 11, 2001, was not only in derogation of the order of a special judge for CBI cases, but it also prima facie smacked of the malicious move on his part.

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