In a landmark judgment underscoring accountability within law enforcement, Delhi’s Tis Hazari Court has convicted a serving Joint Director of the Central Bureau of Investigation (CBI) and a retired Assistant Commissioner of Police (ACP) for their role in a controversial raid conducted nearly 26 years ago.
Judicial Magistrate First Class Shashank Nandan Bhatt convicted Ramneesh, a 1994-batch IPS officer of the Gujarat cadre currently serving as Joint Director in the CBI, and VK Pandey, a retired ACP of Delhi Police. The court held them guilty under Sections 323 (assault), 427 (mischief), 448 (criminal trespass), and 34 (common intention) of the Indian Penal Code.
The case relates to a pre-dawn raid on October 19, 2000, at the residence of Ashok Kumar Agarwal, a 1985-batch IRS officer who was then serving as Deputy Director of Enforcement in Delhi. The court described the operation as “malicious,” stating it was carried out to bypass a Central Administrative Tribunal (CAT) order directing a review of Agarwal’s suspension.
COURT FLAGS ABUSE OF POWER AND MALICIOUS INTENT
The court observed that the raid was conducted in blatant violation of legal safeguards and did not qualify as an act performed in the discharge of official duty. As a result, the accused were denied protection under Section 197 of the CrPC and Section 140 of the Delhi Police Act.
Evidence presented before the court revealed that the officers forcibly entered the complainant’s residence by breaking open the main door, confined family members, and physically assaulted Agarwal. The complainant’s injuries were corroborated by medical records and even acknowledged in the accused’s own affidavit before the Delhi High Court.
The court also noted inconsistencies in the defence’s claims and highlighted that a secret meeting held a day prior to the raid indicated premeditated intent.
Agarwal, who was later discharged in both CBI cases against him, had alleged that the action was retaliatory, linked to his investigations into sensitive financial cases.
The matter has now been listed for arguments on sentencing on April 27.
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