Saptrishi Soni
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The Punjab Government has moved the Supreme Court challenging the Punjab and Haryana High Court’s order directing the Central Bureau of Investigation (CBI) to register a case and investigate allegations of corruption linked to transfers, postings, government policies and tenders in the state.
The state’s decision comes within hours of the High Court ordering the CBI to take over the matter and conduct what it described as a fair and transparent investigation. The High Court bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor also directed the CBI to submit a status report within two months.
The case stems from communications sent by the Enforcement Directorate (ED) to Punjab’s Director General of Police, raising allegations concerning persons allegedly linked to the Chief Minister’s Office. The material referred to alleged interference in government transfers and postings, policy-related decisions and tender processes. These remain allegations and have not been established by a court.
The High Court had taken up a public interest litigation filed by advocate Nikhil Saraf. The petitioner had argued that despite the ED communications, the Punjab Police had not registered an FIR and sought an independent investigation. The High Court, after examining the material placed before it, concluded that the matter required an investigation outside the state police machinery and entrusted it to the CBI.
Punjab Finance Minister Harpal Singh Cheema had announced that the state would challenge the High Court order in the Supreme Court. He also referred to the decision of the previous Congress government in 2020 to withdraw general consent for CBI investigations in Punjab, making the issue of the CBI’s jurisdiction one of the questions likely to arise before the Supreme Court.
The Supreme Court will now have to consider the Punjab Government’s challenge to the High Court’s directions. The immediate legal issue is whether the High Court was justified in transferring the investigation to the CBI and directing registration of an FIR, particularly in the context of the state’s objections and the question of CBI jurisdiction in Punjab.
Meanwhile, the matter remains pending before the Punjab and Haryana High Court. The High Court has already directed the CBI to proceed with the investigation and submit its report within two months, with the next hearing scheduled for December 7. The Supreme Court’s response to the Punjab Government’s petition could determine whether that CBI investigation proceeds in its present form or whether the High Court’s directions are modified or stayed.