Supreme Court upholds Delhi High Court order to lodge FIR against two ex-CBI officers

The Supreme Court on Wednesday (September 10, 2025) upheld a Delhi High Court decision to lodge First Information Reports (FIR) against two former Central Bureau of Investigation (CBI) officers, Vinod Kumar Pandey and Neeraj Kumar, accused of irregularities and abuse of power in 2000.

“Sometimes those who investigate must also be investigated to keep alive the faith of the public at large in the system… It is trite to point out that the offence is alleged to have been committed in the year 2000. 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,” the apex court reasoned in a judgment.

The court said it was cardinal in law that justice must not only be done, but must also be seen to be done.

A Bench headed by Justice Pankaj Mithal, however, shifted the investigation from the Delhi Special Cell to the Delhi Police. The probe must be headed by an officer not below the rank of an Assistant Commissioner of Police.

“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 cognisable offence is made out against the two officers,” the court observed.

Mr. Pandey was an inspector with the CBI and Mr. Kumar was the then Joint Director of CBI.

The High Court had observed that allegations of abuse, intimidation, and threats, including use of vulgar language, against a complainant, Vijay Aggarwal, to ensure withdrawal of his brother’s complaint against Mr. Kumar, were “serious and not unfounded”.