The Punjab government on Tuesday moved the Supreme Court challenging the Punjab and Haryana High Court’s order directing the Central Bureau of Investigation (CBI) to register a criminal case and investigate corruption allegations linked to the office of Chief Minister Bhagwant Mann. The state filed a Special Leave Petition (SLP) against the High Court order at around 1.42 am on October 6, according to details available on the Supreme Court website. A Bench headed by Chief Justice of India Surya Kant agreed to consider the plea for urgent listing on Wednesday or Thursday. The state has argued that the matter has political implications because of the approaching Assembly elections.
The Supreme Court challenge comes a day after a division bench of the Punjab and Haryana High Court, comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor, directed the CBI to register a criminal case and proceed with an investigation into allegations raised by the Enforcement Directorate (ED). The High Court also directed the CBI to submit a status report within two months and instructed the Punjab government and state police to provide all necessary assistance for a fair investigation. The order followed a Public Interest Litigation filed by advocate Nikhil Saraf, who had alleged that appropriate action was not taken on communications sent by the ED to the Punjab Director General of Police.
The allegations originated from three letters sent by the ED to the Punjab DGP. The agency had raised allegations involving “cash for transfers, cash for getting favourable policies, cash for tenders and such other illegal activities”. The communications reportedly concerned Rajbir Singh Ghuman, an Officer on Special Duty (OSD) to Chief Minister Bhagwant Mann, and other individuals. According to material cited in the High Court proceedings, the allegations related to attempts to influence government transfers and postings, access to confidential government documents, facilitation of licences and approvals, and other official processes. The allegations have not been established through a completed investigation and remain subject to the probe ordered by the court.
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The ED’s communications were linked to material gathered during an investigation into alleged money laundering and irregularities involving land and Change of Land Use (CLU) permissions. The agency had asked the Punjab Police to take action on the allegations, but the absence of an FIR led to the matter being raised before the High Court through the PIL. The court subsequently concluded that an independent investigation was required and transferred the matter to the CBI. The High Court’s order requires the central agency to proceed with the criminal investigation and report on its progress within the specified two-month period.
The Punjab government has questioned the High Court’s decision and decided to seek relief from the Supreme Court. Senior counsel Vikas Singh, appearing for the state, told Chief Justice Surya Kant that the matter was being raised during an election period and argued that the case involved concerns relating to the federal structure. The Chief Justice indicated that the plea would be taken up urgently, either on Wednesday or the following day. The state’s challenge will now determine whether the High Court’s direction for the CBI investigation remains in operation while the Supreme Court considers the legal issues raised by Punjab.
The controversy has also triggered a wider political and legal debate in Punjab over the role of central investigative agencies and the jurisdiction of the CBI in the state. Punjab had withdrawn the general consent granted to the CBI for investigations in November 2020 under the then Congress government. Finance Minister Harpal Singh Cheema subsequently said the state would challenge the High Court order, citing the withdrawal of that general consent. The current proceedings before the Supreme Court will therefore involve not only the allegations arising from the ED communications but also questions surrounding the legal basis for the CBI’s investigation in Punjab.
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