Supreme Court declines to stay CBI FIR linked to Punjab CM's OSD, bars coercive steps

The order

The Supreme Court on Monday, October 12, refused to stay a CBI FIR against Rajvir Ghuman, officer on special duty (OSD) to Punjab Chief Minister Bhagwant Mann, but directed that no coercive steps be taken in the matter for now. Justices M.M. Sundresh and Prasanna B. Varale passed the interim order, according to the Free Press Journal. One report spells his name Rajbir Singh Ghuman.

The bench issued notice on the Punjab government's plea against a Punjab and Haryana High Court order of October 5. The Free Press Journal reports the bench as saying it was not staying the FIR and was only barring coercive steps. The court also said Punjab must cooperate with the investigation. The two Free Press Journal reports read differ on who was directed to cooperate: an IANS version says the state government, while the staff report quotes the order as referring to the petitioner. The IANS version does not say whether the bar on coercive steps covers everyone named or only Ghuman.

The case was first listed before Justices Dipankar Datta and Sheel Nagu. Justice Nagu recused himself on October 9, and the Chief Justice of India then constituted a fresh bench, per the IANS report.

How the case reached the court

Both reports say the High Court directed the CBI on October 5 to register a case and investigate, after a public interest petition by an advocate. They differ on the starting point. The IANS version says the allegations arise from three Enforcement Directorate letters to Punjab's Director General of Police, which alleged that Ghuman and associates interfered in transfers, postings and government tenders and asked for an FIR; it says Punjab Police did not register one. The staff report says the Directorate shared information with Punjab Police on August 3, that police held only a preliminary inquiry without asking Ghuman to join it, and that the High Court bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor ordered a report within two months.

The FIR

The staff report says the CBI registered the FIR in Delhi on October 5 under the Prevention of Corruption Act and the Bharatiya Nyaya Sanhita. It says the FIR names Ghuman, an alleged associate and five other suspects, and alleges bribes were paid to influence transfers and postings, tenders, policy decisions, licensing and land matters. These are allegations in the FIR and have not been tested in court. The IANS report says the CBI searched eight locations in Chandigarh and Punjab, including the Chief Minister's camp office in Chandigarh and premises linked to Ghuman, and summoned Ghuman and others to its Chandigarh office.

The parties

Senior advocate Vikas Singh appeared for the Punjab government, according to the staff report. It says the counsel for the original petitioner alleged vindictive action against him, including demolition of his property, and sought protection. The Punjab government's challenge to the High Court order remains undecided.