CBI probe in Punjab transfer-posting case: Supreme Court hearing deferred, Mann govt calls it attack on federalism

PTC Web Desk: The Supreme Court has deferred the hearing on a plea by the Punjab Government against the High Court's order that handed a corruption probe over to the CBI. The matter, which was to be heard today, will now come up tomorrow. The case concerns allegations of irregularities in government transfers, postings and tenders in the state.

Citing the seriousness of the matter, the Punjab Government did not wait for the court to reopen. It filed its Special Leave Petition (SLP) at around 1.42 am, challenging the High Court's order that directed the CBI to investigate allegations of money changing hands in transfers and postings, tailor-made policies and bribery in tenders.

Senior Advocate Vikas Singh, appearing for Punjab, asked for an urgent hearing. The Chief Justice agreed in principle and said the court would try to take up the matter within two days, on Wednesday or Thursday.

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Singh argued that with the Punjab Assembly elections approaching, cases are being cooked up for political reasons. He described the CBI probe as a violation of the federal structure.

Finance Minister Harpal Singh Cheema had made a similar point on Monday. According to him, the Captain Amarinder Singh government withdrew the "general consent" given to the CBI to investigate cases in Punjab in November 2020. So, he argued, the agency has no jurisdiction to probe this matter. Cheema also said the move amounted to interference in the federal structure.

A Bench of Punjab and Haryana High Court Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor delivered the order on a public interest litigation filed by advocate Nikhil Saraf. The court asked the CBI to register an FIR, begin the investigation immediately and submit its report within two months.

In its ruling on Monday, the Bench observed that the case involves senior officials of the Chief Minister's Office, political leaders and top police and civil administration officers. In such a situation, it said, the Punjab Police cannot be expected to conduct a fair probe, which is why the case was being transferred to the CBI.

The High Court directed the CBI to register the FIR on the basis of information shared by the Enforcement Directorate (ED) under Section 66(2) of the Prevention of Money Laundering Act (PMLA).

The ED had written to the Punjab DGP three times. The first letter went on July 30, followed by two more reminders. The court noted that even after two months, the Punjab Police had not registered an FIR, and called its action so far unsatisfactory.

In his petition, Nikhil Saraf accused people holding government positions and senior officials of corruption. He also pointed fingers at some individuals in the Chief Minister's Office. The ED's letters to the DGP had likewise raised allegations of corruption in transfers, postings and other dealings.

All eyes are now on the Supreme Court. Its decision on the Punjab government's plea will determine whether the CBI can go ahead with the investigation or whether the High Court's order will be put on hold.