The Supreme Court of India has ordered the registration of a First Information Report (FIR) against former Delhi Police Commissioner Neeraj Kumar and another officer in connection with a case dating back over two decades. The ruling emphasizes the principle that "those who investigate must also be probed" to maintain public trust in the legal system.

The case originates from 2001 when Kumar was serving as a Joint Director in the Central Bureau of Investigation (CBI). Allegations have surfaced regarding the fabrication of documents and criminal intimidation. Specifically, it is alleged that Kumar and another CBI officer, Vinod Kumar Pandey, abused their positions, using intimidation and threats, including vulgar language, to coerce Vijay Aggarwal to withdraw a complaint against a senior IPS officer, Ashok Kumar Aggarwal, who is Vijay's brother. Sheesh Ram Saini, the other complainant, alleged procedural irregularities, intimidation, and misuse of authority during seizures of documents by the CBI officers.

A bench of Justices Pankaj Mithal and Prasanna B. Varale asserted that justice must not only be done but also be seen to be done. They stated, "It is high time that sometimes those who investigate must also be investigated to keep alive the faith of the public at large in the system".

The Supreme Court's order upholds a 2006 order by the Delhi High Court, which had directed the registration of an FIR against Kumar and Pandey. The High Court had previously noted that the allegations of abuse, intimidation, and threats were serious and disclosed the commission of cognizable offenses under the Indian Penal Code (IPC). The complaints invoked Sections 506 (criminal intimidation), 341 (wrongful restraint), 342 (wrongful confinement), 166 (public servant disobeying law), 218 (public servant framing incorrect record), 463, 465, 469 (forgery), and 120-B (criminal conspiracy) of the IPC.

The case has had a long and convoluted history. The complainants initially approached the police, but no action was taken, as the police were reluctant to investigate officers of the CBI. This led the complainants to approach the High Court. The Delhi High Court dismissed appeals against the 2006 order in 2019, prompting Kumar and Pandey to appeal to the Supreme Court.

The Supreme Court has directed the Delhi Police to investigate the case, specifically tasking an officer not below the rank of Assistant Commissioner of Police (ACP) to conduct the probe. The court has also instructed Kumar and Pandey to cooperate with the investigation. To protect the rights of the accused, the Supreme Court stated that no coercive measures, including arrest, should be taken against them unless custodial interrogation is deemed necessary by the investigating officer. The Supreme Court has directed the investigating officer to expedite the investigation and conclude it preferably within three months.

The Court clarified that the registration of the FIR and the ongoing investigation should not be seen as prejudicial to the accused officers, who retain the right to defend themselves. The investigating officer, after considering the collected evidence, may submit a closure report or file a chargesheet. The bench also noted that the High Court's expressed opinion regarding the commission of offenses is only a prima facie opinion and should be treated as such.