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Delhi High Court on CBI reply: Key facts
The Delhi High Court has directed criminal complaint proceedings against six CBI officers after finding that the agency’s 2016 reply to a trial court contained a materially false assertion, while clarifying that its order is not a finding of guilt.
Court: Delhi High Court. Judge: Justice Madhu Jain.
Date of order: October 6, 2026.
Number of officers: six.
Deadline: the Special Judge must file the complaint within four weeks.
Court’s caveat: the direction is not a finding of guilt.
In January 2016, the High Court held the sanction for the officer’s prosecution invalid, and the officer was discharged.
In June 2016, the Ministry of Law and Justice gave an opinion that there appeared to be no reasonable ground to pursue the matter before a higher forum.
The opinion was communicated to the CBI through the Department of Personnel and Training on July 1, 2016.
The court examined successive drafts of the CBI’s reply.
An earlier draft said that the Department of Personnel and Training had rejected the appeal proposal, and that text was deleted and replaced with handwritten words saying correspondence was under way.
The court said this was not mere imprecise wording, and that there was a reasonable foundation for the allegations, according to Bar and Bench.
The court said there was a reasonable foundation for offences under Sections 191, 193 and 209 of the Indian Penal Code.
Section 191 deals with giving false evidence, Section 193 with punishment for false evidence, and Section 209 with a dishonest false claim in court.
The Special Judge, CBI, has been directed to file a written complaint against the six officers with the jurisdictional Magistrate within four weeks.
The six officers include the then inspector of the case, and this report does not name them because the court has not found them guilty.
The court clarified that its direction is not a finding of guilt, and the officers can contest the complaint before the Magistrate.
The plea was filed by the former IRS officer, according to Bar and Bench and the Asian News International report.
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