In a strongly worded order, the Delhi High Court on April 25, 2025, granted the Central Bureau of Investigation (CBI) two-day police custody of three accused officials in a high-profile corruption case that allegedly involves officers from CBI, Enforcement Directorate (ED), and other government departments.
Justice Neena Bansal Krishna, who presided over the matter, stated:
“It is one of the unique cases of rampant corruption in CBI, ED and such other departments, which shakes the entire edifice of our Executive and the Investigating machinery.”
The case stems from a complaint filed by Himanshu Nanavaty, who was both an accused in one matter and a complainant in another. Both cases were under investigation by the CBI’s EO-II branch. According to the complaint, Avnish Kumar (R-1) introduced himself as a CBI officer and demanded a bribe to "settle" the cases. He introduced the complainant to Anil Tanwar (R-2), who demanded ₹50 lakh, later negotiated to ₹35 lakh. Respondent No.3, Jyotimon Dethan, an officer from the Department of Revenue, also demanded ₹50,000 to influence ED officers.
A trap was laid, and R-1 was caught red-handed while accepting ₹3.5 lakh, allegedly on behalf of R-2. R-3 was found to have received ₹50,000 through GPay. Additionally, various identity cards from departments including CBI, NCB, and Haryana Narcotics were recovered from the vehicle of R-1.
“Custodial interrogation of the petitioner when required to unearth the conspiracy, cannot be denied,” the court held, quoting its prior judgment in Prakash Gupta v. State of Delhi.
The Special Judge had earlier rejected the CBI’s remand application, stating insufficient evidence for custodial interrogation. However, the High Court disagreed, citing the infancy of the investigation and the need to uncover a larger conspiracy across multiple departments.
The court noted:
“The denial of police custody hampers a fair and effective investigation, especially in matters involving potential misuse of official positions and documents.”
It further emphasized that the presence of high-ranking officials among the accused demands in-depth questioning, including confrontation among the parties involved.
Justice Krishna clarified that custodial interrogation is not merely for extracting confessions but is often necessary to:
“Recover case property, trace the broader conspiracy, and uncover the involvement of other individuals.”
She also cited previous Supreme Court judgments, including CBI vs. Anil Sharma and Assistant Director, Directorate of Enforcement vs. Hassan Ali Khan, reiterating that arrest and police custody are valid components of criminal investigation when handled within legal boundaries.
The High Court therefore granted two days of police custody for the three respondents starting April 26, 2025, and directed they be produced before the Special Judge on April 28, 2025, at 2:00 PM. The court also instructed the CBI to follow the D.K. Basu guidelines during custody.
In conclusion, the court warned against judicial overreach into investigative processes, affirming:
“The courts are not justified to obstruct or alter the course of investigations which is being conducted lawfully.”
This ruling underlines the judiciary's strong stance against internal corruption in investigative agencies and reinforces the need for uninterrupted, effective investigations in such serious cases.
Case title: CBI vs. Avnish Kumar & Ors (CRL.M.C.2816/2025)
