New Delhi (Rajeev Sharma): The Supreme Court will take up the Punjab government’s challenge to a High Court order directing a CBI investigation into alleged corruption involving an officer attached to Chief Minister Bhagwant Mann’s office on Friday.
A Bench comprising Justices Dipankar Datta and Sheel Nagu postponed the matter on Thursday after the case file was received late. Justice Datta indicated that the petition would be considered the following day after both judges had an opportunity to examine the documents.
Senior advocate Vikas Singh, appearing for the Punjab government, sought protection against any immediate action arising from the High Court’s directive. The Bench, however, questioned how an interim order could be considered when Justice Nagu had not yet received and reviewed the case papers.
The state government approached the apex court earlier this week, challenging the October 5 order of the Punjab and Haryana High Court. Through its petition, Punjab has also requested that the High Court’s direction remain stayed until the Supreme Court reaches a final decision on the matter.
The dispute centres on allegations concerning Rajbir Singh Ghuman, an Officer on Special Duty to Chief Minister Mann. The High Court had directed the CBI to register a criminal case and investigate the allegations, while instructing the Punjab government and police to provide the central agency with the necessary cooperation.
The High Court’s order followed a petition filed by advocate Nikhil Saraf after allegations shared by the Enforcement Directorate did not result in an FIR by the Punjab Police.
The ED had asked the state police to initiate a case concerning alleged corruption involving Ghuman. According to the allegations cited in the proceedings, a person named Nitin Gohal allegedly acted as a go-between for individuals seeking government-related favours and Ghuman.
The accusations reportedly involve claims relating to transfers, access to confidential government records, assistance concerning arms licences and other alleged benefits.
The High Court expressed concern over the police response, observing that the information supplied by the ED appeared, at a preliminary stage, to disclose cognizable offences involving a high public office.
It also noted that only what it described as a preliminary inquiry had taken place after the ED shared the information on August 3. The court criticised the delay in registering a case, including the police’s stated concern over the quality and legibility of documents supplied by the ED.
The High Court further observed that although notices had been issued to several individuals, Ghuman had not been called to participate in the inquiry.
While challenging the order before the Supreme Court, the Punjab government has argued that the matter involves questions concerning the federal structure. During the initial hearing, Singh also alleged that the corruption allegations were being raised at a politically sensitive time.
The Supreme Court’s hearing on Friday is expected to determine whether the High Court’s CBI probe direction should remain in force while the state government’s challenge is considered.
