SC to hear Punjab Govt plea against HC’s CBI corruption probe
The Supreme Court on Tuesday agreed to hear the Punjab Government’s plea seeking a stay on a high court direction to the CBI to investigate corruption allegations against people linked to the AAP-led Government and submit a report within two months.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said it will hear the matter on Wednesday or Thursday after senior advocate Vikas Singh, appearing for the state government, sought its urgent listing. Singh, while mentioning the matter for urgent listing, said that during election time, these kinds of cases are being trumped up.
CJI Kant observed that the court will see how many matters are there and till then, nothing will happen. Singh persisted with the request and said that it’s a clear case of federal structure being violated. On October 5, the state Government moved the top court against the Punjab and Haryana High Court’s direction passed Monday on a petition filed by advocate Nikhil Saraf.
The allegations include cash for transfers and cash for getting favourable policies. The petitioner submitted that no action has been taken yet, even after the Enforcement Directorate sent communications to the Aam Aadmi Party (AAP) government. It was contended that the allegations warranted an independent investigation as it raised serious questions about the State Government’s functioning.
The high court had also directed Punjab Police and the Government that all documents pertaining to the case be handed over to the CBI. The plea said, “If the impugned judgment is not stayed, the CBI will register an FIR against high public functionaries of the State on untested material, in disregard of section 17A and section 6 of the DSPE Act and the situation will become irreversible.”
It further said that the High Court rejected the State’s preliminary objection to the maintainability of a public interest petition filed by an advocate-in-person, declined the State’s request for three weeks to complete a preliminary enquiry that was already under way, and entrusted the matter to the CBI with a direction to “register an FIR in the matter and proceed with the investigation forthwith” and to report within two months.
