No Immediate Relief For Punjab Govt As SC Defers Plea Against CBI 'Graft' Probe Linked To CM Mann's OSD
A Bench of Justices Dipankar Datta and Sheel Nagu deferred the hearing after Justice Datta said the case file had reached the Bench late, and Justice Nagu did not get the opportunity to examine the papers.
Senior advocate Vikas Singh, appearing for the Punjab government, requested that the matter be taken up on Friday and sought protection against any precipitative action in the meantime.
However, the Justice Datta-led Bench questioned how an interim order could be passed when it had not yet read the file.
“When we haven't read the file, how can we?” it remarked.
The matter was accordingly listed for Friday, with the Punjab government not getting any immediate interim protection against the High Court's directions.
The development assumes significance as the CBI has already registered an FIR in the case and initiated its investigation pursuant to the High Court's order.
On Tuesday, the CBI conducted coordinated searches at eight locations across Chandigarh and Punjab, including the Chief Minister's camp office in Sector 2, Chandigarh, and premises linked to Ghuman in Sangrur and Mohali.
On Wednesday, Ghuman and other associates were summoned by the CBI to appear before its Chandigarh office in connection with the probe.
The Punjab government has challenged the High Court's October 5 order directing the CBI to take over the matter arising from three letters written by the Enforcement Directorate (ED) to the Punjab DGP.
The High Court had directed the CBI to register a case and submit a status report within two months, besides directing the Punjab government and police to extend full cooperation to the investigating agency.
The ED had written three letters to Punjab Director General of Police (DGP) Gaurav Yadav, alleging that Mann's OSD Rajvir Ghuman and his associates Nitin Gohal and Bir Devinder were involved in corruption.
The federal anti-money laundering agency had claimed that they were interfering in administrative transfers and postings, besides government tenders, and had called for registration of an FIR.
After the Punjab Police did not register a case on the basis of the ED communications, advocate Nikhil Saraf filed a PIL before the Punjab and Haryana High Court seeking a CBI probe.
The petition had alleged that the ED communications contained serious allegations concerning persons linked to the Punjab Chief Minister's Office and sought a“fair and independent investigation” free from the influence of the Punjab Police and Punjab Vigilance.
While ordering the CBI probe, the High Court directed the central investigating agency to submit its status report within two months.
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