Supreme Court to hear Punjab government challenge to CBI probe into alleged CMO-linked corruption

The Supreme Court on Tuesday agreed to list the Punjab government’s challenge to a Punjab and Haryana High Court order directing the CBI to register a case into alleged corruption linked to the office of Chief Minister Bhagwant Mann.

However, the top court declined to hear the matter urgently on Tuesday. Chief Justice of India Surya Kant said the plea could be accommodated on Wednesday or Thursday.

Senior advocate Vikas Singh, appearing for the Punjab government, sought an immediate hearing, arguing that the high court order raised concerns about the federal structure.

“Not today. We will try to accommodate you tomorrow or the day after. There are many matters. We will try and list this tomorrow or day after,” the CJI told Singh.

Punjab challenges CBI probe order

The Punjab government approached the Supreme Court in the early hours of Tuesday, filing a special leave petition at around 1.42am against the high court’s Monday order.

Singh argued that the high court had directed a CBI probe against state government officials without adequate material to establish a cognisable offence.

“It is settled law that no case can be registered unless there is evidence of a cognisable offence. The high court has yesterday ordered a CBI inquiry against our officers. I want the listing today itself,” he said.

He also raised concerns over the timing of the proceedings ahead of elections.

“Just before the elections, all these things are coming up. It is a clear case of federal structure which is being sought to be tinkered with,” Singh said.

What triggered the case?

The high court had directed the CBI to register an FIR and investigate allegations involving senior state officials and the chief minister’s office. It also ordered the Punjab Police to provide full cooperation and asked the CBI to submit its report within two months.

The case followed communications sent by the Enforcement Directorate to Punjab DGP Gaurav Yadav between July 24 and August 12. The ED had sought registration of a criminal case over alleged corruption involving Mann’s officer on special duty, Rajbir Singh Ghuman, and others.

According to the ED, private individual Nitin Gohal allegedly acted as an intermediary for people seeking favours from the state government. The allegations include influencing transfers and postings, leaking confidential documents, facilitating arms licences and securing government approvals in return for monetary and other benefits.

High Court cites need for investigation

The high court said the material provided by the ED prima facie indicated the involvement of senior public officials and warranted registration of an FIR.

It also criticised the handling of the matter by the Punjab Police, noting that the force had conducted what appeared to be only a preliminary inquiry after receiving the ED’s information.

The court said a fair and transparent investigation was necessary and consequently entrusted the probe to the CBI.