The Supreme Court on Monday restrained the Central Bureau of Investigation (CBI) from taking any coercive action in the case recently registered against Punjab Chief Minister Bhagwant Mann's Officer on Special Duty (OSD) Rajbir Singh Ghuman to probe allegations of corruption within the government [State of Punjab v Nikhil Saraf]
A bench of Justice MM Sundresh and PB Varale passed the order on an appeal moved by the Punjab government challenging the Punjab and Haryana High Court's recent order directing CBI to register a criminal case into allegations of corruption against the OSD.
The Court today issued a notice to the CBI in the appeal moved by the government.
"Issue notice. In the meanwhile there will be no coercive steps. The petitioner shall however cooperate with the investigation," the Court ordered.
The Court, however, declined to stay the FIR.
"We are not staying the FIR. We are saying no coercive steps may be taken," the Court said.
Following an order of the Punjab and Haryana High Court, the CBI recently registered a criminal case under the provisions of the Prevention of Corruption (PC) Act and the Bharatiya Nyaya Sanhita (BNS) against Ghuman, one Nitin Gohal and others. The case has been registered in Delhi.
The case against Ghuman has its origins in the communications written by the Enforcement Directorate (ED) to the Punjab Police seeking registration of an FIR to probe the allegations of corruption against him.
As per the ED, Gohal acted as an intermediary between people seeking favours from the government, and Ghuman. The allegations relate to transfers, access to confidential government documents, facilitation of arms licences and other benefits.
After the police failed to register an FIR, a Public Interest Litigation (PIL) petition was filed by advocate Nikhil Saraf to challenge the inaction.
A bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor of High Court on October 5 asked the CBI to file a report on its probe within two months.
The High Court said the information shared by ED prima facie conveyed commission of cognizable offences in high public office which has the potential of endangering public interest.
It found that Punjab had only conducted a "preliminary inquiry" since the sharing of information by the ED on August 3. It added that while notices were issued to many persons, Mann's OSD was not asked to join the probe.
The High Court added that the material forwarded by the ED contained incriminating material and State Police was expected to give a responsible reply.
Senior Advocate Vikas Singh represented the Punjab government before the Supreme Court.
Senior Advocate DS Naidu appeared for advocate Nikhil Saraf.
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