Supreme Court said the state’s petition will be listed for hearing either Wednesday or Thursday
NEW DELHI: Hours before CBI carried out searches at Punjab CM Bhagwant Mann's camp office in Chandigarh and registered an FIR against his OSD and others, Punjab govt had rushed Supreme Court to urgently hear its appeal against Punjab and Haryana HC's Monday order directing the agency to probe ED's allegation that a bribe syndicate influenced transfers, postings, tenders and policy decisions through an OSD in the CM's office. Fearing imminent coercive action - based on the HC order for registration of an FIR - by CBI against top politicians and bureaucrats in the state, the Mann-led AAP govt in its appeal sought an urgent stay of the HC's directions. "If the impugned judgement is not stayed, CBI will register an FIR against high public functionaries of the state on untested material... and the situation will become irreversible," it said. Senior advocate Vikas Singh, appearing for the state govt, said HC had brushed aside the state's preliminary objections, declined three weeks to Punjab Police to complete the preliminary inquiry, which it initiated based on ED's communication levelling "cash-for-transfers postings" allegation, and directed a CBI probe, contrary to the federal scheme of governance mandated by the Constitution. "Please hear the petition today itself at 2pm," Singh requested a bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohana. When the bench said it was impossible to take the appeal for hearing Tuesday itself, Singh said the appeal must be heard Wednesday, suggesting the development can have potentially a huge political fallout in the poll-bound state and arguing that the order marked a breach of the federal scheme of governance. The bench said the state's petition will be listed for hearing either Wednesday or Thursday. In its appeal, the state govt revealed ED's Jalandhar zonal office on July 30 sent a 150-page communication to Punjab DGP under PMLA, alleging it was found that one Nihal Gohal, whose premises were searched in May, influenced transfers, postings, tenders and policy decisions "through an officer on special duty in the office of CM". DGP marked the communication, large parts of which were illegible, to Punjab Bureau of Investigation on Aug 3. The bureau began its preliminary inquiry within two days and started collecting evidence from different departments. It sent reminders to ED on Aug 28, Sept 2 and Sept 5, asking it to depute an officer with complete records, but no cooperation was received till Sept 7, the state claimed.
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HC had ordered a CBI probe because of what it held to be inaction in the registeration of an FIR on the material evidence sent by ED and had said, "Prima facie allegations with regard to scams including cash for transfers, cash for getting favourable policies, cash for tenders, and such other illegal activities corruption in high public offices have been substantiated by ED with reference to various WhatsApp chats and other information. .." Punjab govt said the high court erred by sending CBI into a state which had withdrawn consent to the agency needed to carry out an investigation in the state's jurisdiction, without citing any exceptional circumstances that warranted a CBI probe. In 2010, SC had ruled that SC and HCs can direct a CBI probe in exceptional cases even in states which have withdrawn general consent.
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