Supreme Court agrees to hear Punjab government’s plea challenging HC’s order for CBI probe into corruption allegations

Singh explained that in the case, under 66(2) of the Prevention of Money Laundering Act, information was given by the Enforcement Directorate to the Punjab Director General of Police (DGP) towards the end of July.

PUNJAB’S AAM Aadmi Party government on Tuesday approached the Supreme Court challenging the Punjab and Haryana High Court order directing the CBI to register a case and investigate allegations made by the Enforcement Directorate (ED) against people linked to Chief Minister Bhagwant Mann’s office.

Senior Advocate Vikas Singh, appearing for the state, mentioned the matter before Chief Justice of India Surya Kant, seeking an urgent hearing on Tuesday itself. The CJI, however, said the court will consider listing the matter for hearing on Wednesday or Thursday.

Singh explained that in the case, under 66(2) of the Prevention of Money Laundering Act, information was given by the Enforcement Directorate to the Punjab Director General of Police (DGP) towards the end of July.

He said that in the Vijay Madanlal Chowdhary case, in which the SC had upheld ED’s powers of arrest and seizure, it was made clear that police have to act only if there is a cognizable offence, and that too only in a situation where a large amount of cash is found and not in any routine instance.

However, on October 5, the HC asked the CBI to register an FIR, he said. Seeking urgent listing, he said the CBI “can’t be directed to register an FIR”.

Singh said it’s a case regarding transfers, postings, etc. “During election time, these kinds of cases are being trumped up. I have no problem if criminality is involved,” he said.

To a query as to what is the urgency, the senior counsel said: “There is urgency. It’s a state going to polls. It’s a clear case of the federal structure which is… being violated.”

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The Punjab and Haryana HC on Monday directed the CBI to conduct a fair and transparent investigation into allegations raised in an ED communication to the police and submit its report within two months. The case is scheduled to come up before the High Court on December 7.

The ED had sought registration of a case against Mann’s Officer on Special Duty Rajbir Singh Ghuman and his alleged associates Nitin Gohal and Bir Devinder.

In its communication to the DGP under the Prevention of Money Laundering Act on July 30, the ED sought registration of a criminal case on the basis of material allegedly indicating cash-for-transfers and postings, influence over government policies and tenders, leakage of confidential government documents and other favours.

According to the allegations cited by the ED, Ghuman, Gohal and Devinder had allegedly interfered in transfers and postings of government officials, government work and tender processes. The agency had also referred to material purportedly indicating attempts to influence postings, access confidential government documents and interfere in administrative approvals and other official processes.

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The High Court order came on a PIL filed by advocate Nikhil Saraf, based on the ED communication sent to the DGP. The court noted that the communication was received in the DGP’s office on August 3 and was marked to the Punjab Bureau of Investigation, but no FIR had been registered even after two months.

While directing the CBI to register a case, the HC division bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor said the allegations would have to be tested during investigation and trial.