The Supreme Court on Thursday adjourned till October 9 the Punjab Government’s plea challenging the Punjab and Haryana High Court’s order directing the CBI to register a criminal case and investigate corruption allegations linked to the office of Punjab Chief Minister Bhagwant Mann.
A bench comprising Justice Dipankar Datta and Justice Sheel Nagu took up the matter. At the outset, Justice Datta said the case would be heard tomorrow as the file had reached Justice Nagu only recently.
Senior Advocate Vikas Singh, appearing for the Punjab Government, sought an interim order restraining any precipitative action in the matter. Justice Datta, however, questioned how such an order could be passed when Justice Nagu had not yet had an opportunity to examine the case papers.
The matter was accordingly posted for hearing tomorrow.
The Punjab Government has filed a Special Leave Petition (SLP) challenging the High Court’s order passed on Monday directing the CBI to investigate allegations concerning Rajbir Singh Ghuman, Officer on Special Duty (OSD) to Chief Minister Bhagwant Mann.
Singh had on Tuesday mentioned the matter before the Chief Justice of India seeking urgent listing. He argued that the case was politically motivated and was being pursued in the backdrop of the upcoming State elections.
The State has also challenged the High Court’s reasoning that the Punjab Police failed to act on information furnished by the Enforcement Directorate (ED) under Section 66(2) of the Prevention of Money Laundering Act.
Singh argued that the police are required to act only when the information discloses a cognizable offence. He further contended that the High Court’s direction was contrary to the Supreme Court’s judgment in Vijay Madanlal Chaudhary.
The CJI had declined the request for same-day listing but agreed to list the matter on Thursday.
The High Court bench comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor had directed the CBI to register a criminal case and investigate the allegations while hearing a Public Interest Litigation filed by advocate Nikhil Saraf.
The PIL alleged that the Punjab Police failed to take appropriate action despite communications from the ED seeking a probe into allegations against Ghuman.
According to the submissions before the High Court, the ED had flagged allegations involving Nitin Gohal, who allegedly acted as an intermediary for people seeking various favours from the Punjab Government.
The allegations included facilitating transfers, providing access to confidential government documents, facilitating arms licences and securing other benefits.
After examining the material placed before it, the High Court directed the CBI to register a criminal case and conduct an investigation. It also directed the Punjab Government and Punjab Police to extend all assistance to the CBI for a fair investigation.
The Punjab Government’s plea before the Supreme Court seeks to set aside the High Court’s direction for a CBI probe.
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