Two SC judges including CJI recuse from plea challenging Delhi HC order on ex-CP

Two Supreme Court judges including Chief Justice Ranjan Gogoi Friday recused themselves from hearing a plea filed by former Delhi Police commissioner Neeraj Kumar against a high court order to register an FIR against him. A bench of Chief Justice Gogoi, and Justices Dipak Gupta and Sanjiv Khanna said the matter will be listed before an appropriate bench on April 1.

"List the matters before a bench wherein two of us (the Chief Justice and Justice Sanjiv Khanna) are not members. List the matters before the second Court on April 1, 2019," the bench said. The former Delhi police chief has moved the apex court against the Delhi HC order asking the police to register an FIR against him and others for allegedly fabricating documents in a nearly two-decade-old case.

Appearing for Neeraj Kumar, Senior advocate Ranjit Kumar said the Delhi HC on March 13 ordered registration of the FIR against the police officer and conclusion of investigation within two months. A division bench of the high court dismissed the appeals against a 2006 order of a single-judge bench that directed the police to lodge an FIR against Kumar and then CBI officer Vinod Kumar Pandey.

"On June 26, 2006, the writ Court had directed for registration of FIR and proceed with the investigation immediately and conclude it within two months. This order has not been given effect to till now. Accordingly, we direct for registration of the FIR forthwith and conclude the investigation within a period of two months as directed by the writ court," the division bench had said in its order. The case pertains to an incident in 2001 when Kumar was posted as a joint director in the CBI and relates to the alleged fabrication of documents of a case.