The Supreme Court on Monday directed the Central Bureau of Investigation (CBI) not to take coercive action against individuals linked to the Punjab government in a corruption case involving allegations against senior officials. The order came while the court was hearing a petition filed by the Punjab government challenging a Punjab and Haryana High Court directive for a CBI investigation. A bench of Justices M.M. Sundresh and P.B. Varale issued notices to the Centre, the CBI, the Enforcement Directorate (ED) and other parties seeking their responses to the state's plea.
The Supreme Court clarified that its order did not amount to a stay on the First Information Report (FIR) registered in the case. “We are not staying the FIR. We are saying no coercive steps may be taken,” the bench observed during the proceedings. The direction provides interim protection against coercive measures while the legal challenge is considered, but the investigation itself has not been suspended. The court's notice to the respondents marks the next stage in examining the Punjab government's objections to the High Court's order.
The case stems from a petition filed by advocate Nikhil Saraf before the Punjab and Haryana High Court, alleging corruption and the use of intermediaries to secure favourable government decisions. The allegations include demands for money in connection with transfers and postings, tenders and policy-related matters. The petitioner argued that the allegations warranted an independent investigation, claiming that concerns raised by the ED had not resulted in adequate action by the state authorities. These claims remain allegations and will have to be examined through the legal process.
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The High Court had directed the CBI to register a case, investigate the allegations and submit a report within two months. It also instructed the Punjab government and state police to provide the agency with relevant documents and assistance. The direction followed concerns about the handling of information shared by the ED with the Punjab authorities. The CBI investigation is intended to examine the allegations, while the Supreme Court will consider the state's challenge to the legal basis of the High Court's order.
Challenging the High Court's decision, the Punjab government argued that the order contained legal errors concerning the interpretation of information shared under the Prevention of Money Laundering Act. It also questioned the direction to investigate administrative decisions involving transfers, tenders and policies, arguing that prior approval under Section 17A of the Prevention of Corruption Act may be required in certain circumstances. The state maintained that the legal requirements governing inquiries into public servants had not been properly considered.
Senior advocates Vikas Singh and Sidharth Luthra represented the Punjab government before the Supreme Court. The bench issued notices to the respondents but declined to halt the FIR, allowing the investigation to remain in place subject to its direction against coercive action. The matter will proceed after responses are received from the concerned parties. The court's eventual consideration of the state's arguments will determine how the legal challenge to the CBI investigation moves forward.
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