The Delhi High Court, in a judgment by Justice Madhu Jain, has directed the Special Judge, CBI-02, Rouse Avenue Courts, New Delhi, to file a criminal complaint against six CBI officials, including three IPS officers, after finding prima facie material that a statement made by the agency before a trial court in 2016 was altered to present a different account of the status of the government’s decision on further legal action.
The judgment in Ashok Kumar Aggarwal v. Sushil Dewan & Ors., delivered on 06 October 2026, found that an earlier draft of the CBI’s reply had recorded that the Department of Personnel and Training had turned down the proposal to file a Special Leave Petition against the High Court judgment in favour of former IRS officer Ashok Kumar Aggarwal.
That statement was subsequently deleted and replaced with a handwritten assertion that correspondence with the administrative Ministry was underway, although the contemporaneous record showed that what was pending was an internal CBI proposal for reconsideration and a further legal opinion.
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The development is significant because the allegation concerns a statement made to a court by officials of the country’s premier investigating agency.
Justice Jain held that the successive drafts, file notings and the final signed reply provided a reasonable foundation for the allegations and that an inquiry into the alleged offences was expedient in the interests of justice.
The court directed the Special Judge to make a written complaint against the six officials for the alleged offences under Section 191 read with Section 193 and Section 209 of the IPC and transmit it to the jurisdictional Magistrate within four weeks.
The High Court has not, however, held the officials guilty. Their knowledge, intention, participation and culpability will be determined by the competent court.
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