CBI probe order against Mann's aide: Punjab takes fight to Supreme Court

The Punjab government has moved the Supreme Court challenging the Punjab and Haryana High Court's October 5 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.

The state filed a special leave petition (SLP) against the high court order at 1.42 am on Tuesday. The matter is now expected to come up before the Supreme Court. "We are waiting for the petition to be admitted," a government functionary said, confirming the development.

The high court had on Monday directed the CBI to conduct a fair and transparent investigation into allegations contained in an ED communication to the Punjab director general of police (DGP) 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.

What the ED alleged

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.

What the high court said

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 division bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor said the allegations would have to be tested during investigation and trial.

"Prima facie allegations with regard to scams including cash for transfers; cash for getting favourable policies; cash for tenders, and such other illegal activities corruption in high public offices have been substantiated by the ED with reference to various WhatsApp chats and other information," the bench had observed.

The court, however, made it clear that it was not expressing any final view on the allegations. "Merits of the allegation can only be gone into at the stage of investigation/trial and we are not required to express any definite opinion on it," it said.

The bench had further held that the material supplied by the ED was not merely an expression of its opinion but was supported by material on the basis of which the agency had formed its view about possible violations of law.