A Delhi court has found two Central Bureau of Investigation (CBI) officials guilty of assault, mischief, and criminal trespass during a search and arrest operation at the home of a senior Indian Revenue Service (IRS) officer in 2000. The court ruled that the officials’ actions were carried out in a “malafide manner” to obstruct a tribunal order. V.K. Pandey, an Inspector, and Ramneesh, a Deputy Superintendent of Police, were convicted under various sections of the Indian Penal Code for their involvement in the incident.
The case stemmed from a complaint by Ashok Kumar Aggarwal, an IRS officer, who accused the officials of forcibly entering his residence, assaulting him, and conducting an illegal search as part of a personal vendetta. The court’s detailed judgment emphasized that the search and arrest procedures were not conducted in good faith but were motivated by hidden agendas. It dismissed claims that the officials were protected under Section 197 CrPC for acts performed in official duty, stating that their actions were an abuse of power.
According to the court, the accused officials broke the main door without valid justification, leading to charges of mischief and criminal trespass. The court also noted evidence of assault, including injuries sustained by the complainant during the arrest. Despite the defence’s arguments of procedural correctness, the court found discrepancies in witness testimonies and official records, ultimately convicting the officials for misusing their authority.
The timing of the arrest, following a deadline set by the Central Administrative Tribunal (CAT), was seen as a deliberate move to thwart the review of the complainant’s suspension. The court concluded that the prosecution had convincingly proven its case, highlighting that the officials’ actions were aimed at depriving the complainant of the benefits of the CAT’s order. Both officials were convicted, and the case will now progress to the sentencing phase.
