Delhi Court Seeks Detailed Report From CBI Over Non-Investigation Of Encounter Case For 9 Years

The Central Bureau of Investigation court at Rouse Avenue, New Delhi, has directed the Deputy Inspector General of the CBI to provide a comprehensive response concerning the agency’s failure to investigate the 2015 Manoj Vashist encounter case.

The court inquired why the case remained dormant and was not transferred to an appropriate investigative body despite statutory constraints restricting CBI’s jurisdiction.

The matter originates from an FIR registered at Baghpat Police Station in Uttar Pradesh, based on a complaint from the family of Manoj Kumar Vashist. He was allegedly extrajudicially executed by the Special Cell of Delhi Police at Sagar Ratna Restaurant, Rajinder Nagar, on May 16, 2015. Additional Chief Judicial Magistrate (ACJM) Jyoti Maheshwari articulated profound dissatisfaction with the inaction, stating, “Any FIR or report lodged by an aggrieved person must be pursued to its logical conclusion. If the CBI was legally barred from investigating, an official communication should have been issued, and the case should have been transferred to a competent investigative authority.”

The court underscored its concern that, despite over a year elapsing, no action had been undertaken on the FIR. It referenced a letter dated February 4-5, 2021, wherein the CBI informed Delhi Police that a closure report had been filed regarding FIR No. 640/2015, PS-Baghpat. The court emphasized that, even if such a report was inadvertently overlooked, it should have been officially communicated. Consequently, the DIG, CBI, has been directed to submit a detailed status report concerning FIR No. 640/2015, which was transferred to CBI on October 25, 2015. The report must clarify why no communication was initiated with relevant agencies if the CBI lacked the authority to proceed. The court has mandated submission of this report at least one week before the next hearing on February 7, 2025.

This judicial directive arises in response to a protest petition filed by Priyanka Sharma, the deceased’s wife. Advocate Parikshit Sharma, representing Sharma, asserted that determining the status of the transferred FIR was critical, as it was intricately connected to the closure report under scrutiny.

The court noted that on May 16, 2015, Manoj Kumar Vashist was allegedly subjected to an extrajudicial killing by the Special Cell of Delhi Police. Subsequently, an FIR (No. 361/2015) was lodged at Rajinder Nagar Police Station on May 17, 2015, based on a written complaint by Inspector Dharmender Kumar from the Special Cell. The case was later assumed by the CBI, which registered it on July 16, 2015. However, the CBI ultimately submitted a closure report on October 3, 2019. Meanwhile, another FIR was lodged at Baghpat Police Station on July 12, 2015, by the deceased’s brother, Anil Vashist, under multiple sections of the Indian Penal Code (IPC), including Section 302 (murder).

The court emphasized that on November 8, 2019, the CBI had been instructed to furnish a status report on the Baghpat FIR. However, on November 16, 2019, the court determined it lacked jurisdiction over the matter since it was not initially investigated by the CBI. Priyanka Sharma later filed an application seeking an update on the FIR’s status, prompting a Magistrate’s observation on March 22, 2022, that since the CBI had already concluded its investigation and filed a closure report, no further legal intervention was warranted at that level.

Given these inconsistencies, the court deemed it necessary to ascertain the precise status of the FIR. It directed SP S.S. Gurum, IO/DSP Vinod Kumar, and SHO, PS Rajinder Nagar, to provide a clarifying statement. The court also reviewed official records indicating that FIR No. 640/2015 had been transferred to the CBI Crime Branch on October 25, 2015. A subsequent letter, dated January 29, 2021, was dispatched to the SP, Crime, CBI, seeking an update on the FIR’s status. In response, the CBI, in a letter dated February 4-5, 2021, confirmed that a closure report had been filed.

On February 7, 2025, the court noted that IO/DSP Vinod Kumar and the public prosecutor (PP) for the CBI corroborated that FIR No. 640/2015 remains in CBI’s custody but has never been investigated due to statutory limitations under Sections 3 and 4 of the Delhi Special Police Establishment Act, 1946. The court expressed concern over this “peculiar situation,” wherein an FIR was transferred to the CBI, yet no investigatory steps were taken, nor was the matter referred to another agency.

CBI officials contended that the closure report for FIR No. 361/2015 (Rajinder Nagar) encompassed all relevant aspects of the case. However, the court observed that the closure report conspicuously omitted any reference to FIR No. 640/2015 (Baghpat), leading to a critical gap in the judicial record. “This scenario presents a grave anomaly where an FIR initiated by the victim’s family has remained unresolved despite its prolonged retention by the CBI,” the court remarked.

With these concerns in focus, the court has mandated a thorough explanation and has scheduled the next hearing for March 4, 2025.

Read More: Supreme Court, Delhi High Court, States High Court, International