New Delhi [India]: The Central Bureau of Investigation (CBI) on Tuesday submitted a report to the Rouse Avenue Court, clarifying that a Deputy Commissioner of Police (DCP) is not empowered to transfer or forward any FIR to the CBI without an order from the Central Government. The report pertains to the Manoj Kumar Vashisht Encounter case of 2015.
The court had sought a report from the DIG of CBI regarding the investigation of an FIR filed by the family members of Manoj Kumar Vashisht at Baghpat, Uttar Pradesh. Additional Chief Judicial Magistrate (ACJM) Jyoti Maheshwari acknowledged the report filed by the DIG of CBI.
Key Findings of the CBI Report
The report disclosed that a xerox copy of the FIR registered at Police Station Baghpat was received by the CBI via a forwarding letter dated October 24, 2015, issued by the DCP, Central District, Delhi Police. The letter, addressed to the DSP, CBI, SC-I, indicated that the ZERO FIR, along with relevant documents, was sent to the CBI for necessary action.
However, the CBI clarified that the DCP lacks the authority to transfer or forward any FIR for re-registration by the CBI without a Central Government order, in accordance with the provisions of the DSPE Act. As a result, the question of re-registering the said FIR does not arise.
The report also mentioned that this issue had already been addressed by the CBI and was evident from a court order dated November 16, 2019.
Court’s Observations and Concerns
The court, however, pointed out that the DIG’s report failed to address the questions raised in its previous order dated February 7, 2025. The court highlighted that while the copy of FIR No. 640/15 (PS Baghpat) was indeed transferred to the CBI, no action has been taken on it so far.
“There has been no communication by CBI to Delhi Police/UP Police regarding the FIR not being received through proper channels and the lack of action due to statutory compulsions,” the court noted.
The court observed a lack of coordination between the Delhi Police and the CBI, leading to a stalemate in the investigation.
“Prima facie, it seems to be a case of lack of coordination between the investigating agencies — the Delhi Police and the CBI — because of which no action could be taken on FIR till date,” the court remarked.
Background of the Manoj Kumar Vashisht Encounter Case
Manoj Kumar Vashisht was killed in an alleged fake encounter at the Sagar Ratna Restaurant in Rajinder Nagar, Delhi, on May 16, 2015, reportedly by the Special Cell of Delhi Police. An FIR was registered at PS Rajinder Nagar on May 17, 2015, based on a complaint by Inspector Dharmender Kumar of the Special Cell. The CBI took over the investigation and registered a case on July 16, 2015.
Additionally, another FIR was lodged at PS Baghpat on July 12, 2015, by Anil Vashisht, brother of the deceased, under various sections of the IPC, including 302 (murder). However, despite the passage of more than nine years, no progress has been made in the investigation.
Closure Report and Legal Proceedings
The CBI had filed a closure report in the case on October 3, 2019. This closure report was challenged by Priyanka Sharma, the widow of Manoj Kumar Vashisht, through a protest petition. During the hearing, advocate Parikshit Sharma, representing the protest petitioner, stressed the need to clarify the status of the FIR registered at PS Baghpat, which was supposedly transferred to the CBI for further investigation.
The court has now sought a detailed response from the DIG of CBI over the non-investigation of the case, expressing concern over the prolonged inaction and lack of coordination between the investigative agencies.