Supreme Court Bars Coercive Action Against Punjab CM’s OSD, Allows CBI Probe to Continue

Oct 12 New Delhi: The Supreme Court on Monday directed the Central Bureau of Investigation (CBI) not to take any coercive action against Rajbir Singh Ghuman, Officer on Special Duty (OSD) to Punjab Chief Minister Bhagwant Mann, in a corruption case, while declining to halt the investigation. A Bench comprising Justices MM Sundresh and PB Varale clarified that its order did not amount to a stay on the FIR or the probe. It directed Ghuman to cooperate with the investigation and issued notice to the CBI on a petition filed by the Punjab Government challenging the High Court’s direction for a CBI investigation. The petition challenges the October 5 order of a Punjab and Haryana High Court Bench headed by Chief Justice Ashwani Kumar Mishra, with Justice Rohit Kapoor, directing the CBI to register a criminal case into corruption allegations involving Ghuman and others allegedly connected with the state government. The CBI was asked to submit a report within two months. Senior advocate Vikas Singh appeared for the Punjab Government, while senior advocate DS Naidu represented Nikhil Saraf, whose PIL led to the High Court’s intervention. Naidu alleged that Saraf was being subjected to vindictive action by the state government. The Supreme Court hearing had been deferred on Friday after Justice Sheel Nagu recused himself from the matter. The case stems from allegations raised by the Enforcement Directorate (ED), which had asked the Punjab Police to register an FIR against Ghuman. According to the ED, Nitin Gohal allegedly acted as an intermediary between individuals seeking government favours and Ghuman. The alleged favours included transfers, access to confidential government documents, assistance in obtaining arms licences and other benefits. After the police failed to register an FIR, Saraf approached the High Court through a PIL. The High Court observed that the information provided by the ED prima facie disclosed cognizable offences involving public officials and warranted a proper investigation. It criticised the Punjab Police for conducting only a preliminary inquiry since receiving the ED’s information on August 3, and for delaying action while seeking legible copies of documents. The court also noted that several individuals had been issued notices, but Ghuman had not been called to join the investigation. It directed the Punjab Government and the Punjab Police to extend all necessary assistance to the CBI. The state government filed its Special Leave Petition against the High Court’s October 5 order at around 1.42 am on October 6.