Manoj Vashisht death case: Court flags lack of coordination between CBI, Delhi Police

New Delhi: A court here has observed that there was "lack of coordination" between the Central Bureau of Investigation and Delhi Police because of which no action could be taken in a 2015 FIR connected to the the controversial death of a businessman named Manoj Vashisht.

Additional Chief Judicial Magistrate Jyoti Maheshwari was hearing a protest petition against a 2019 closure report filed by the Central Bureau of Investigation (CBI) in the case.

Vashisht, who was allegedly involved in several criminal cases, died of a bullet injury sustained during a scuffle with officers of Delhi Police's Special Cell, when shots were fired from both sides on May 16, 2015, in a Sagar Ratna restaurant at Rajendra Nagar in Central Delhi.

Two FIRs were registered in the case, one in Rajinder Nagar and the other in Uttar Pradesh's Baghpat. The FIR filed in the capital was later taken over by the CBI, which filed its closure report in 2019.

Vashisht's wife then filed the protest petition against the closure report.

In an order dated March 4, the court said that in pursuance of its earlier order, the federal agency filed a report, as per which, "a copy of the FIR" registered in Baghpat had been transferred to the CBI, but the agency did not take any action.

It said, "Further, there has been no communication by the 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. Therefore, it can be safely inferred that till date, no action has been taken on the FIR (lodged at) the Baghpat police station on July 12, 2015." "Prima facie, it seems to be a case of lack of coordination between the investigating agencies, i.e., Delhi Police and CBI, because of which no action could be taken on the FIR till date," the court added.

It rejected CBI's stand that the closure report in the FIR registered at Rajinder Nagar police station dealt with the same issue, saying there was no reference, whatsoever, in the closure report about the FIR registered in Baghpat.

The court, however, said that it could not pass any directions regarding the FIR registered in Baghpat and that the complainant (Vashist's brother) was "at liberty to pursue his remedies, as per law".

The CBI's report submitted to the court said a photocopy of the Baghpat FIR was received by the federal agency for necessary action through a forwarding letter dated October 24, 2015, by the deputy commissioner of police (DCP) of Central Delhi district.

The report said as the FIR had not been forwarded through a proper channel, there was no question of re-registration of FIR.

"The DCP is not the empowered/competent authority to transfer or forward any FIR to the CBI for re-registration without an order of the Central government," it said.