New Delhi: Holding that the accused acted “mala fidely” and in “sheer violation of the powers bestowed upon them by law” to “frustrate and nullify” a tribunal order, a court has convicted Ramneesh Geer, currently a CBI joint director, and VK Pandey, a retired inspector, of assault, criminal trespass and mischief during a pre-dawn raid in 2000.Judicial magistrate first class Shashank Nandan Bhatt said, “This court has no hesitation in holding that the entire search and arrest proceedings conducted by the accused persons on 19.10.2000 were mala fide and conducted in abuse of power vested upon them by law with the sole objective of nullifying the order dated 28.09.2000.” He further noted that their actions were a “deliberate attempt aimed at denying the complainant the fruits” of a Central Administrative Tribunal (CAT) order.Ashok Aggarwal, a 1985-batch IRS officer, had alleged sustained interference while probing sensitive FERA matters involving influential people and made multiple representations to the then revenue secretary. A complaint was later filed against him, in which he was summoned several times and cooperated with the investigation. The court found that when CAT ordered a review of his suspension on Sept 28, 2000, the officials held a meeting and planned his arrest the very next morning instead of complying with the order.According to the prosecution, around 5am, a CBI team reached Aggarwal’s residence, assaulted the guard, jumped the boundary wall and broke open the main door. Family members were confined to a room while he was dragged from his bedroom, manhandled on the stairs and injured on his right arm before being taken away to an undisclosed location and later to DDU Hospital. The court noted that such conduct amounted to forcible entry and unlawful restraint.The court also noted Delhi High Court had, in 2016, held that the accused were not entitled to protection under Section 197 CrPC, a finding upheld by Supreme Court in March 2023. Affirming this position, the trial court held that acts committed in abuse of power and with mala fide intent couldn’t be treated as discharge of official duty.Rejecting the defence version as “riddled with contradictions,” the court pointed out that the accused’s own search list, filed before Delhi High Court, recorded the main door as broken, while defence witnesses claimed only a latch was dislocated. It noted that despite alleging movement of files, no such documents were seized.On the injury to Aggarwal’s right forearm, the court noted there was “absolutely no explanation” by the accused and upheld the MLC. Such actions could not be treated as part of official duty, the judge said.The court further held that delays in filing the complaint and selective naming of the accused did not weaken the case, observing that there was “clinching material on record to establish mala fide.”