Rajbir Ghuman Case: SC Relief to Bhagwant Mann’s OSD in CBI Case, Refuses to Stay Probe
Rajbir Ghuman Case: The Supreme Court directed CBI not to take coercive steps against Punjab CM Bhagwant Mann’s OSD Rajbir Singh Ghuman, but declined to stay the ongoing corruption probe.
North Desk Correspondent
Chandigarh, October 12
In a crucial development for the Punjab CMO, the Supreme Court on Monday restrained the Central Bureau of Investigation from taking coercive action against Rajbir Singh Ghuman, Officer on Special Duty to Punjab Chief Minister Bhagwant Mann, in an alleged corruption and influence-peddling case. The apex court, however, refused to stay the ongoing investigation, directing the petitioner to cooperate fully with the central agency.
Rajbir Ghuman Case: A Bench comprising Justice MM Sundresh and Justice PB Varale issued notice to the CBI on a Special Leave Petition moved by the Punjab government. The plea challenged the Punjab and Haryana High Court’s October 5 verdict directing the CBI to register a criminal case and submit a status report within two months.
“We are not staying the FIR probe… We are saying no coercive steps may be taken,” the Bench told the Punjab government’s counsel, while directing cooperation with the investigating agency.
Rajbir Ghuman Case: Arguments in court
Rajbir Ghuman Case: Senior Advocate Vikas Singh, appearing on behalf of the Punjab government, pressed for an outright stay on the High Court order and the subsequent FIR. The state contended that the High Court erred in handing over the investigation to the CBI.
Senior Advocate Dama Seshadri Naidu, appearing for original petitioner Nikhil Saraf, argued that his client had faced vindictive actions from the state machinery after exposing institutional inaction.
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The matter had earlier been listed on Friday before a Bench comprising Justice Dipankar Datta and Justice Sheel Nagu. The hearing stood deferred after Justice Nagu recused himself, following which the Chief Justice of India constituted the present Bench.
Background of the probe
Rajbir Ghuman Case: The controversy stems from communications sent by the Enforcement Directorate to the Punjab Police on August 3, flagging allegations that an intermediary, Nitin Gohal, had been liaising between individuals seeking administrative favours and Ghuman. The allegations pertain to government transfers, access to confidential files, and clearance of arms licences.
Finding that the Punjab Police merely carried out a preliminary inquiry and delayed the matter on procedural grounds, advocate Nikhil Saraf moved the High Court through a PIL.
A High Court Division Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor observed that the ED’s findings prima facie disclosed cognizable offences concerning high public office and directed the CBI to step in. The Punjab government rushed to the Supreme Court late that night, lodging its SLP in the early hours of October 6.
While Monday’s interim order shields Ghuman from custodial arrest or coercive measures, the CBI remains empowered to continue questioning and examine documentary records.
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