New Delhi: In a significant development, the Tis Hazari Court in the National Capital has convicted a sitting Joint Director of the CBI and a retired assistant commissioner of Police in a case arising
Published: April 19, 2026 1:30 PM IST
New Delhi: In a significant development, the Tis Hazari Court in the National Capital has convicted a sitting Joint Director of the CBI and a retired assistant commissioner of Police in a case arising from a pre-dawn raid conducted in October 2000 against former IRS officer Ashok Kumar Aggarwal, with the court holding that the action was a malicious attempt to circumvent judicial orders. The court found both guilty under Sections 323, 427, 448 and 34 of the Indian Penal Code (IPC) – charges related to voluntarily causing hurt, mischief, criminal trespass and common intent.
“The entire search and arrest proceedings were in sheer violation of law and aimed solely at frustrating the CAT order… established beyond reasonable doubt,” the court said.
The case came up from a controversial pre-dawn raid conducted on October 19, 2000 at the residence of Ashok Kumar Aggarwal (1985 Batch IRS Officer), who was then serving as Deputy Director of Enforcement and was later discharged in both CBI cases.
In its observation, the court ruled that the officers abused their powers in the operation, which was aimed at defeating a CAT order dated September 28, 2000, directing a review of the suspension.
Here are some of the key details:
- The court holds the entire operation was aimed at nullifying CAT’s order dated 28.09.2000 directing review of suspension.
- Actions of officers held beyond scope of official duty; no protection under Section 197 Cr.P.C.
- Main door broken open confirmed even from accused’s own records filed before Delhi High Court.
- Complainant dragged, manhandled; injury corroborated by MLC, eyewitnesses & affidavit admissions.
- Secret meeting on 18.10.2000 led to planned raid next morning instead of complying with vigilance directions.
- Eventually discharged in both CBI cases.
It is important to note that the bench refused to grant protection under Section 197 of the Code of Criminal Procedure (CrPC), a special law that protects judges, magistrates and public servants from frivolous prosecution. This law mandates that a government sanction be acquired before a court can take cognizance of offenses committed by sitting officers.
The court noted that the accused broke open the main sliding door of the complainant’s house, constituting mischief and criminal trespass, a fact confirmed even by the accused’s own search list filed before the Delhi High Court.
The complainant suffered an injury on his right hand during the raid, established through eyewitness testimony, the complainant’s MLC, and crucially, admitted in the counter affidavit of accused VK Pandey before the Delhi High Court.The court also noted that instead of sending the required reply to the Income Tax Vigilance Directorate by 18.10.2000 as directed by the CAT, the CBI officer conducted a secret meeting on the evening of 18.10.2000 and decided to raid and arrest the complainant the very next morning.
Advocate Shubham Asri, counsel for the complainant, had argued that while investigating sensitive FERA cases involving influential persons, he faced sustained pressure from his superiors. He made seven representations to the Revenue Secretary between 1998 and 1999 regarding interference in his investigations.
In alleged retaliation, a man named Abhishek Verma, whom the complainant was investigating, filed a complaint against him in connivance with CBI officials, leading to registration of an FIR against the complainant, the counsel argued.It was alleged that on “October 19, 2000, at about 5:00 am, a team of CBI officers reached the complainant’s residence. The security guard was beaten when he sought identity proof. The team jumped the boundary wall, broke open the main sliding door, locked family members in a room, and dragged the complainant out of his bedroom in his undergarments.”
It was also alleged that the complainant was manhandled and pushed on the stairs, causing injuries to his right arm.”He was taken to an unknown location near Peeragarhi Chowk before being produced at DDU Hospital at 8:45 am. He was threatened with arrest of family members if he raised the issue before the CBI court,” the Counsel alleged.
While convicting the accused persons, the court rejected the defence contentions as riddled with contradictions.
“The accused’s own search list (filed before the Delhi High Court) confirmed the main door was broken, while defence witnesses at trial claimed only a latch was dislocated,” the court noted.
