A Delhi court on Tuesday sentenced two Central Bureau of Investigation (CBI) officers — a joint director and an inspector — to three months’ imprisonment each for conducting an illegal search and arrest at the residence of an Indian Revenue Service (IRS) officer 26 years ago.
Delivering the sentence, judicial magistrate first class Shashank Nandan Bhatt of Tis Hazari courts observed that public servants cannot be permitted to abuse their powers to settle personal scores.
The court had on April 18 convicted the two officers — present joint director Ramneesh and VK Pandey, then a CBI inspector — under penal provisions related to house trespass, mischief and voluntarily causing hurt, for forcibly entering the IRS officer’s Paschim Vihar residence to carry out a “mala fide” search and arrest.
The officers will not be sent to prison immediately, as the court suspended the sentence for one month, noting that the offences are bailable in nature.
The suspension followed an application by the convicts under Section 389 of the Code of Criminal Procedure (CrPC), now Section 430 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which allows a trial court to suspend a sentence and grant bail to enable the filing of an appeal before a higher court in cases involving sentences of up to three years.
The sentencing order stated, “This court is of the considered opinion that the present order must serve as a reminder to society that public servants, regardless of the degree of powers vested in them, cannot be permitted to abuse their official position to settle personal scores.”
The court added that if public functionaries indulge in such conduct, they must face strict legal consequences.
According to the complainant, Ashok Kumar Aggarwal, the accused officers forcibly entered his Paschim Vihar residence on October 19, 2000, at 5.50am after assaulting the gatekeeper. They allegedly confined his family members in a room and dragged him outside to arrest him.
Aggarwal said his legal rights were grossly violated during the arrest and that he sustained an injury to his right forearm. He alleged the action was intended to settle scores following a Central Administrative Tribunal (CAT) order in his favour, which had stayed his transfer and reviewed his suspension in connection with a disproportionate assets FIR being investigated by Ramneesh.
In its 45-page conviction order, the court held that the search and arrest “were in sheer violation of the powers bestowed upon them by law” and aimed at frustrating the CAT order.
The court on Tuesday said, “The convicts owed a greater degree of accountability than ordinary citizens…the mala fide actions of the convicts have grave societal consequences and shake public faith in the rule of law.”
It further observed that, given the gravity of the offences and the “sheer disregard” for the responsibilities of public office, the convicts could not be extended the benefit of the Probation of Offenders Act, 1958.
The court also rejected the convicts’ claim that they acted under the directions of their seniors, noting that they were duty-bound to exercise independent judgment and could not abdicate their professional responsibilities on that ground.
The convicts were also directed to pay ₹50,000 to the complainant within 30 days, considering the prolonged hardship caused by a 25-year legal battle.