Delhi HC orders criminal proceedings against 6 CBI officers for false evidence

The Delhi high court has directed criminal proceedings against six Central Bureau of Investigation (CBI) officers for allegedly making false statements about correspondence with the government while challenging the discharge of a former Indian Revenue Service (IRS) officer in a disproportionate assets case.

A bench of Justice Madhu Jain on Tuesday directed the Special Judge (CBI) to file a written complaint against the officials, Sushil Dewan, Vineet Vinayak, Amit Kumar, Raman Tyagi, Prem Kumar Gautam and Md Azad.

It observed that there was a “reasonable foundation” to the allegations against the officers for offences under Sections 191 (false evidence), 193 (giving or fabricating false evidence), and 209 (fraudulently or dishonestly making false claim in court) of the Indian Penal Code.

Justice Jain asked the Special Judge to transmit the complaint to the concerned jurisdictional magistrate within four weeks.

The high court delivered the verdict in a petition filed by the former IRS officer, Ashok Kumar Aggarwal.

The CBI prosecuted Aggarwal on the allegations that he acquired assets disproportionate to his known sources of income. In January 2016, the high court discharged him on the ground of invalid sanction.

The CBI challenged the verdict in the Supreme Court. In June 2016, the Union law ministry said that there appeared to be no reasonable ground to agitate the matter before a higher forum. Aggarwal sought release of the documents seized during investigation a month later.

In August 2016, the CBI said it had no objection to the return of unrelied upon documents. But it opposed the release of other documents, stating that correspondence with the administrative ministry concerning further legal action was underway. The CBI said it would not be prudent to return the documents as they might be required in further legal proceedings.

Aggarwal in August 2016 moved an application for criminal proceedings against the officers who authorised the filing of the reply. He alleged that the CBI’s statement was factually incorrect.

A trial court in August 2016 allowed the application for release of documents. On October 25, 2025, it dismissed the application for initiation of criminal proceedings. Aggarwal then moved the high court.

The CBI opposed Aggarwal’s petition in the high court, saying that the trial court was justified in declining to initiate the proceedings.