Action ordered against CBI officer who investigated excise policy case
What's the story
A Delhi court has ordered departmental proceedings against a Central Bureau of Investigation (CBI) officer who probed the Delhi excise policy case, in which all 23 accused, including former Delhi CM Arvind Kejriwal and Manish Sisodia, were discharged on Friday. Special Judge Jitendra Singh of Rouse Avenue Court ordered the inquiry after finding no material against the then Deputy Commissioner of Excise, Kuldeep Singh, who was framed as accused number one.
Investigation critique
Allegations against Singh not part of impartial investigation
"I am recommending a departmental inquiry with respect to framing A1 [Singh] as an accused. There is no material at all. I am repeating, there is no material at all, and you have framed him as accused number 1," Judge Singh said. Judge Singh described the CBI officer's probe as "premeditated and choreographed." He said the allegations against Singh were not part of an impartial investigation but were made to fit a preconceived narrative.
Witness contradiction
Court slams CBI for 'choreographed' probe
The court was particularly concerned about keeping individuals in the "suspects" column while also making them prosecution witnesses in the charge sheet. The court specifically referred to Arva Gopi Krishna and Anand Kumar Tewari, who were listed as suspects but also cited as prosecution witnesses. The court said this self-contradictory stance can't be dismissed as a procedural irregularity but is a deliberate strategy by the investigating officer.
Statement
'Self-contradictory stance cannot be brushed aside'
"This self-contradictory stance cannot be brushed aside as a mere procedural irregularity," Judge Singh said. "It betrays a conscious and calculated stratagem by which the investigating officer has sought to keep the narrative deliberately fluid, relying upon the individual's statement to prop up the prosecution case, while at the same time preserving the option of implicating that very person should the case, as projected, fail to withstand judicial scrutiny," the court observed.
Investigation integrity
Court recommends initiating departmental proceedings against officer
Furthermore, the court stated that the CBI officer's conduct suggested anticipatory manipulation, which was intended to protect him rather than assist the court in its quest for the truth. It said department proceedings were being initiated against the CBI official in order to restore accountability and preserve the credibility of the investigation mechanism. "An investigation must rest on clear, consistent and principled assessment of the material collected, and not on calculated ambiguity intended to preserve future prosecutorial option," it said.