The Punjab government on Tuesday moved the Supreme Court challenging the Punjab and Haryana High Court’s order directing the CBI to investigate allegations of corruption involving transfers, postings, government policies and tenders in the state.
The petition was filed before the Supreme Court, according to an official statement issued by the ruling Aam Aadmi Party (AAP).
During the hearing, CJI Surya Kant declined to take up the matter immediately, saying it could be considered the next day depending on the listing. Advocate Vikas Singh argued that such matters were being “blown out of proportion” during election time and referred to the Supreme Court’s judgment in Vijay Madanlal Choudhary. He also argued that the matter involved a violation of the federal structure.
The Supreme Court has agreed to hear Punjab Government’s SLP challenging the High Court order for a CBI probe. The matter, linked to the ED’s letter to the DGP, is likely to come up for hearing within the next one to two days.
The legal challenge comes a day after the Punjab and Haryana High Court directed the CBI to register a criminal case and investigate the allegations against top functionaries of the Punjab government.
The High Court also directed the CBI to submit a status report within two months.
The case relates to allegations that corruption took place in matters concerning government transfers and postings, framing or implementation of policies, and the awarding of tenders. The allegations were raised in a Public Interest Litigation (PIL) before the High Court.
According to the petition proceedings, the Enforcement Directorate (ED) had allegedly shared certain material with the Punjab Police relating to the alleged corruption. The PIL claimed that despite the material being shared, no FIR was registered by the state police.
The High Court, after examining the material placed before it, said that it indicated the need for a fair and transparent investigation. The court subsequently directed the CBI to take over the investigation.
The Punjab government has now challenged that direction before the Supreme Court.
Punjab Finance Minister Harpal Singh Cheema had on Monday questioned the CBI’s jurisdiction in the matter. He said the state’s general consent for the CBI to conduct investigations had been withdrawn through an order issued by the previous Punjab government in November 2020.
General consent is the permission given by a state government to the CBI to conduct investigations within the state. According to Cheema, the withdrawal of this consent meant that the CBI could not automatically investigate cases in Punjab without the required legal permission.
The government’s Supreme Court petition challenges the High Court’s decision to hand the matter over to the central agency.
The High Court order was passed by a Bench comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor. The Bench directed the CBI to register a criminal case based on the allegations and proceed with the investigation.
The court’s directions followed the PIL, which raised questions over the handling of material allegedly provided by the ED to the Punjab Police.
At this stage, the allegations remain allegations and have not been established as facts by a criminal court. The CBI probe, if allowed to proceed, would determine whether the material and allegations disclose any criminal wrongdoing.
The Punjab government’s move now places the matter before the Supreme Court, which will consider its challenge to the High Court’s direction for a CBI investigation.