Punjab Challenges CBI Probe Linked to Chief Minister's Office in Supreme Court

Synopsis

The Punjab government has urged the Supreme Court to set aside a Punjab and Haryana High Court order to register a case against Chief Minister Bhagwant Mann for corruption in his office. The Court did not grant an Urgent Hearing on Tuesday, but agreed to list the Plea. The CBI has now conducted a search at eight locations and called the OSD of the Chief Minister. There is no evidence of the allegations.

NEW DELHI: The Punjab government has filed a Special Leave Petition in the Supreme Court challenging an order by the High Court for the Central Bureau of Investigation (CBI) to register a criminal case and probe into corruption in relation to the Chief Minister's office.

The ruling by the High Court

The charges encompass corruption related to transfers and postings, influence over policy and tenders, access to confidential documents and facilitation of arms licences.

The case has started with a communication received by the Enforcement Directorate on the Director General of Police, Punjab, Gaurav Yadav, regarding Director on Special Duty, Rajbir Singh Ghuman and the others. It was taken up by the High Court in a PIL filed by it and the court directed the CBI to report within two months.

The High Court was displeased with the fact that the Punjab Police had heard the information from the ED on 3 August and was said to be only conducting a preliminary investigation. It directed the state to help the CBI in the probe as that would be fair.

The state's challenge

Senior Advocate Vikas Singh, on behalf of Punjab, requested an urgent hearing before Chief Justice Surya Kant, claiming that the direction was politically motivated. He said there was no evidence for that and that it would have an impact on states' autonomy. Punjab Finance Minister Harpal Singh Cheema stated that this issue will be taken up with the Supreme Court.

A plea for immediate hearing was not taken up by the Court on Tuesday. It accepted to list it on 7 or 8 October.

Special Leave Petition (SLP): A petition filed before the Supreme Court, pursuant to Article 136 of the Constitution, to grant the appellant permission to appeal from the order of a lower court or a lower tribunal. Leave may be refused by the Court or granted and the appeal heard.

On the ground

CBI searched eight places in Chandigarh and Punjab on Tuesday, including Mr. Ghuman's premises, and recovered laptops, phone, documents etc. It had asked him to be present at Chandigarh on Wednesday.

Chief Minister Bhagwant Mann has told the Centre that it was using agencies inappropriately, adding that the BJP has begun preparations for the Punjab elections. BJP has not been mentioned in the sources consulted on this particular allegation.

Why it matters

Policing is a State subject under the Constitution and the Supreme Court had dealt with the issue between State and CBI in the past. The issue that the High Court faced was whether it is proper on the material before it to direct as it did. There have been no findings in court yet and the investigation is ongoing.