The Punjab Government will approach the Supreme Court against the Punjab and Haryana High Court order directing the Central Bureau of Investigation (CBI) to probe allegations of corruption involving senior government officials, Punjab Finance Minister Harpal Singh Cheema said.
The decision was taken hours after a division bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor directed the CBI to register an FIR and begin the investigation immediately.
The High Court was hearing a Public Interest Litigation (PIL) filed by advocate Nikhil Saraf. The petition alleged corruption involving senior officers and other public servants in Punjab.
According to the allegations in the petition, there was a network through which transfers and postings of IAS and police officers, along with appointments to important positions in different departments, were allegedly influenced in exchange for money.
The petition also alleged that tenders, permissions and licences were being facilitated for certain builders, land developers and other entrepreneurs in return for illegal payments. Another allegation concerned an alleged “institutionalised extortion racket” involving the false implication of individuals.
While passing its order, the High Court said it was of the considered view that a fair and transparent investigation was required. The court directed the CBI to register an FIR and proceed with the investigation forthwith. It also asked the agency to submit a report on the outcome of the investigation within two months.
Reacting to the order, Cheema said the state government would challenge it before the Supreme Court. He referred to the withdrawal of general consent given to the CBI by the previous Punjab government.
General consent allows the CBI to investigate cases within a state without seeking separate permission from the state government for each case, subject to applicable legal requirements.
In November 2020, the then Congress government in Punjab had withdrawn the general consent given to the CBI for conducting investigations in the state.
Cheema said the decision to withdraw the general consent was taken by the previous government and that the AAP-led Punjab Government would approach the Supreme Court in this context.
The High Court's order means the allegations will now be examined through a CBI investigation, while the Punjab Government has decided to challenge the order before the country's top court.
At this stage, the allegations in the PIL remain allegations and have not been established as facts by a court.