The Punjab and Haryana High Court has directed the Central Bureau of Investigation (CBI) to register a criminal case and investigate allegations of corruption and abuse of official position concerning close aides of Punjab Chief Minister Bhagwant Mann, following communications issued by the Enforcement Directorate (ED) to the state authorities.
A Division Bench comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor passed the directions while hearing a Public Interest Litigation concerning the alleged failure of the Punjab Police to act upon the material and communications forwarded by the ED.
The Court has directed the CBI to conduct an investigation into the allegations and submit its report before the High Court within two months. It has further directed the Punjab Government and its law-enforcement machinery to extend full cooperation and assistance to the central agency during the course of the investigation.
The matter emanates from communications addressed by the ED to the Director General of Police, Punjab, seeking registration of an FIR in relation to alleged corrupt practices involving Rajbir Singh Ghuman, stated to be an Officer on Special Duty to the Chief Minister, and others.
The allegations placed before the authorities concern purported acts of influence-peddling, interference in governmental transfers and postings, access to confidential official information and the alleged facilitation of governmental favours through intermediaries.
The ED communications reportedly referred to allegations that private individual Nitin Gohal acted as an intermediary between persons seeking official benefits and Ghuman. The material also contains allegations concerning the purported facilitation of arms licences and other governmental concessions.
The High Court’s intervention followed a PIL instituted by advocate Nikhil Saraf, alleging that despite the ED having communicated the purportedly incriminating material to the Punjab Police, no FIR had been registered and no effective criminal investigation had commenced.
The State had earlier opposed the proceedings and questioned, among other things, the maintainability of the PIL and the credentials of the petitioner. The Punjab Government had also maintained that the material supplied by the ED required examination by the competent state authorities before any decision regarding registration of an FIR could be taken.
The Court, however, has now considered it appropriate to entrust the matter to the CBI, thereby removing the investigation from the immediate domain of the state police machinery.
The direction for a central probe assumes significance in view of the allegations touching upon the functioning of public officials and the alleged exercise of influence over administrative decisions. The CBI will now examine the material, ascertain whether the allegations disclose cognisable offences and proceed in accordance with law.
The allegations against the individuals concerned remain unsubstantiated at this stage and are subject to investigation. The High Court’s order directing a CBI probe does not constitute a finding of guilt or adjudication on the veracity of the allegations.
The CBI has been directed to place its report before the High Court within two months, after which the Court is expected to consider the further course of action in the proceedings.
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