The Punjab and Haryana High Court has directed the Central Bureau of Investigation to probe allegations of corruption involving senior officials of the Punjab government, including an Officer on Special Duty to Chief Minister Bhagwant Mann, after finding that material shared by the Enforcement Directorate prima facie warranted a criminal investigation.
A bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor directed the CBI to register an FIR and begin the investigation immediately. The agency has been asked to submit a report on the outcome of the probe within two months.
The court also directed the Punjab government and the Punjab Police to extend all necessary assistance to the CBI.
Court Questions Punjab Police Response
The High Court expressed dissatisfaction with the manner in which Punjab Police dealt with information forwarded by the ED.
The bench said the material supplied by the ED was voluminous and contained incriminating material that should have prompted an appropriate response from the state police.
According to the court, the ED material prima facie indicated the involvement of high-ranking public officials in alleged acts of corruption and, at the minimum, called for registration of an FIR followed by a proper investigation.
On an overall assessment of the material before it, the court concluded that a fair and transparent investigation was necessary and that the conduct of Punjab Police so far did not inspire confidence.
PIL Sought Independent Investigation
The order came on a public interest litigation filed by advocate Nikhil Saraf, who sought an independent investigation into allegations raised by the ED through letters sent to the Punjab Director General of Police.
The petitioner alleged the involvement of senior Punjab officials in irregularities described as “cash for transfers”, “cash for getting favourable policies” and “cash for tenders”, among other allegations. He claimed Punjab Police did not investigate despite receiving information from the ED.
During the proceedings, the state questioned the petitioner’s credentials and argued that the PIL was not maintainable.
Allegations Against Private Intermediary And OSD
The ED had sought registration of an FIR against private individual Nitin Gohal and others. Gohal was alleged to have acted as an intermediary between interested persons and Rajbir Ghuman, an Officer on Special Duty to the Punjab Chief Minister.
Both Gohal and Ghuman have denied the allegations.
According to the material referred to in the proceedings, the allegations included influencing transfers and postings of government officials, facilitating arms licence approvals, leaking confidential government documents and obtaining government approvals in return for alleged monetary and other benefits.
The ED had written three letters to the Punjab DGP seeking registration of a case.
The communication arose from a money laundering investigation linked to alleged fake consent letters used for obtaining Change of Land Use approval in a matter involving a housing society.
The ED had conducted searches in May at premises linked to Gohal, Ajay Sehgal of Indian Cooperative House Building Society, the Suntec City Project and others. It later placed a 200-page affidavit before the High Court in Saraf’s PIL.
Court Raises Concern Over Demolition Action Against Petitioner
The High Court also took note of action initiated against Saraf’s farm stay in Mohali.
The court said his contention that Punjab Police was attempting to silence a whistleblower could not be brushed aside lightly. It observed that a demolition order issued soon after the PIL was filed appeared unusual.
The bench noted that a notice had earlier been issued to Saraf in November 2024 and that he had responded in the same year, after which no further action was taken for some time.
Without expressing a final view on the legality of the construction, the court said the timing of the demolition action created doubt regarding the intent of high-ranking state officials against whom the petitioner had raised corruption allegations based on information shared by the ED.
Saraf received a demolition notice last month over alleged unauthorised construction at the farm stay. After he approached the High Court, the Punjab government undertook not to carry out the demolition until the next date of hearing.
Punjab Government To Challenge Order
Punjab Finance Minister Harpal Singh Cheema said the state government would challenge the High Court’s decision before the Supreme Court.
He referred to a November 2020 order issued by the then Congress government withdrawing general consent to the CBI for investigations in Punjab, under which the agency requires prior consent to take up cases in the state.
Opposition Targets AAP Government
The High Court order also drew criticism from opposition parties in Punjab.
Punjab BJP president Kewal Singh Dhillon demanded the resignation of Chief Minister Bhagwant Mann, questioning why the state government did not act on repeated ED communications if it considered itself committed to fighting corruption.
Punjab Congress president Pargat Singh welcomed the CBI probe and said the investigation should remain fair, impartial, transparent and time-bound. He said those responsible for causing losses to the state exchequer should be held accountable irrespective of their position or influence.
Shiromani Akali Dal president Sukhbir Singh Badal also attacked the AAP government, questioning why Punjab Police did not register an FIR despite the ED’s request and why judicial intervention became necessary for a CBI investigation.
