DCP not competent to transfer FIR to CBI, agency tells court in Manoj Vashist encounter case

New Delhi [India], March 5 (ANI): The Central Bureau of Investigation (CBI) on Tuesday filed a report in Rouse Avenue court and informed that the Deputy Commissioner of Police (DCP) is not an empowered or competent Authority to transfer or forward any FIR to the CBI, without an order from the Central Government. This report has been filed regarding the Manoj Kumar Vasisht Encounter case of 2015.
The court had called a report from the DIG of CBI on the point of investigation on the FIR filed by the family members of Manoj Kumar Vasisht at Baghpat, UP. Additional Chief Judicial Magistrate (ACJM) Jyoti Maheshwari took the report filed by the DIG of CBI.
The court noted that a perusal of the report shows that a xerox copy of FIR registered at Police Station Baghpat was received in CBI through a forwarding letter of October 24, 2015 of DCP, Central District, Delhi Police.
The letter was addressed to DSP, CBI, SC-I, wherein it is mentioned that the ZERO FIR, along with relevant documents, was being sent to CBI for necessary action to be taken at the end of CBI, the report stated.
The report further stated that the DCP is not an empowered/ competent authority to transfer or forward any FIR to CBI for re-registration of FIR by CBI without an order of the Central government.
On this basis, it is concluded that the FIR was not forwarded to CBI, through proper channel, following the provisions of DSPE Act and hence the question of re-registration of the said FIR does not arise, the report said.
The report further stated that this question, was already answered by CBI and the same is evident from the order of the Court of 16.11.2019.
"However, the worthy DIG, seems to have ignored the observations of the Metropolitan Magistrate's order dated March 22, 2021, wherein it was concluded that the FIR, PS Baghpat, dated July 12, 2015, has been transferred to CBI and the application moved by Priyanka Sharma, widow of the deceased, was disposed of, on this ground," the court pointed out.
The court said, "In the considered opinion of the Court, the report only reiterates the stand taken by CBI and does not answer the questions, raised by this Court, in the order dated February 7, 2025.
"However, it is apparent from a perusal of the record as well as the report that the copy of FIR no. 640/15, PS Baghpat was indeed transferred to CBI but, no action has admittedly, been taken by CBI, on the same," the court pointed out.
The court also said that there was no communication on the part of the CBI.
"Further, there has been no communication by CBI, to Delhi Police/UP Police, as to the FIR not being received through proper channel and lack of action on the FIR, due to statutory compulsions," the court said.
It is observed, "Therefore, it can be safely inferred that till date, no action has been taken on FIR No. 640/15, PS Baghpat, registered on July 12, 2015."
The court observed there was a lack of communication between the CBI and Delhi police and said, " 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.
Rouse Avenue court on February 7, 2025 sought a detailed response from the Deputy Inspector General (DIG) of Central Bureau of Investigation (CBI) over non investigation of Manoj Vashist Encounter case of 2015 due to statutory compulsions.
An FIR was registered at Police Station in Baghpat Uttar Pradesh on the Complaint filed by the family members of Manoj Kumar Vashist.
Vashisht was killed in an alleged fake encounter in Sagar Ratna Restaurant, Rajender Nagar Delhi, on May 16, 2025, allegedly by the special cell of Delhi police. The court had taken a serious view of the fact that the investigation was neither done nor transferred to another agency.
"However, for more than nine years, there has been no action on the said FIR. This is all the more unfortunate, especially in light of the letter dated February 4 and 5, 2021, wherein CBI had itself intimated to Delhi Police that the closure report was filed by it, purportedly in FIR No. 640/2015, PS-Baghpat. This order was passed by the CBI court on the protest petition filed by Priyanka Sharma, the wife of the deceased Manoj Kumar Vashist.
During the hearing, it was submitted by advocate Parikshit Sharma, Counsel for the protest petitioner, that it would be necessary to know the status/outcome of FIR of PS Baghpat, which was eventually transferred to CBI for investigation and is closely connected to the present closure report.
On May 16, 2015, Manoj Kumar Vashisht (the deceased) lost his life in an alleged fake encounter by the PS Special Cell at the Sagar Ratna restaurant in Rajinder Nagar.
An FIR was registered at the police station Rajinder Nagar on May 17, 2015, on the written complaint of Dharmender Kumar, Inspector, Special Cell, Lodhi Road, Delhi police. Subsequently, the investigation of the said FIR was taken up by CBI, and a case was registered on July 16, 2015.
A closure report was filed in the case by the CBI on October 3, 2019. Additionally, an FIR at the police station Baghpat on July 12, 2015, was lodged by Anil Vashisht, brother of the deceased Manoj Vashisht, under sections 147, 148, 149, 302, 506 IPC. (ANI)