The Supreme Court on Friday referred the Punjab government’s plea challenging a Central Bureau of Investigation (CBI) probe into alleged corruption involving Chief Minister Bhagwant Mann’s Officer on Special Duty (OSD) Rajbir Ghuman and others to Chief Justice of India Surya Kant for the constitution of a fresh Bench after Justice Sheel Nagu recused himself from hearing the matter.
A Bench comprising Justices Dipankar Datta and Sheel Nagu was scheduled to hear the plea when Justice Datta indicated that the case could not be heard by Justice Nagu. The Bench said it would pass an order directing that the matter be placed before the CJI, who is the master of the roster, to constitute another Bench.
The development follows Thursday’s adjournment, when the court deferred the hearing until Friday after Justice Datta said the case file had reached the Bench late and Justice Nagu had not had sufficient time to examine the papers.
During Thursday’s proceedings, senior advocate Vikas Singh, appearing for the Punjab government, had sought protection against any precipitative action. The Bench, however, questioned how it could grant interim relief without examining the case file.
The Punjab government has challenged the Punjab and Haryana High Court’s October 5 order directing the CBI to take over the investigation into allegations of corruption arising from three letters sent by the Enforcement Directorate (ED) to Punjab Director General of Police Gaurav Yadav.
The High Court directed the CBI to register a case and submit a status report within two months, while asking the state government and police to cooperate fully with the agency.
The ED had alleged that Ghuman and his associates, Nitin Gohal and Bir Devinder, were interfering in administrative transfers and postings as well as government tenders. After the Punjab Police did not register an FIR on the basis of the ED’s communications, advocate Nikhil Saraf approached the High Court through a public interest litigation seeking an independent investigation.
The CBI has since registered an FIR and initiated its probe. On Tuesday, the agency conducted searches at eight locations across Chandigarh and Punjab, including the Chief Minister’s camp office in Chandigarh and premises linked to Ghuman in Sangrur and Mohali. Ghuman and other associates were summoned to the CBI’s Chandigarh office on Wednesday in connection with the investigation.
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