Supreme Court Bars Coercive Action in CBI Probe Against Punjab CM's OSD, Refuses to Stay FIRਸੀਬੀਆਈ ਜਾਂਚ ਵਿੱਚ ਸੁਪਰੀਮ ਕੋਰਟ ਦੀ ਰਾਹਤ: ਮਾਨ ਦੇ ਓਐਸਡੀ ਖ਼ਿਲਾਫ਼ ਸਖ਼ਤ ਕਾਰਵਾਈ 'ਤੇ ਰੋਕ, FIR ਕਾਇਮ

The Supreme Court on Monday ordered that the CBI take no coercive steps in its corruption case against Punjab Chief Minister Bhagwant Mann's Officer on Special Duty (OSD) Rajbir Singh Ghuman, while refusing to stay the FIR itself. A bench of Justices M.M. Sundresh and Prasanna B. Varale issued notice on the Punjab government's appeal against the Punjab and Haryana High Court's October 5 order directing a CBI probe, and told the state to cooperate fully with the investigation.

FIR stands, probe continues

Delivering the interim order, the bench said: "Issue notice. In the meanwhile there will be no coercive steps. The petitioner shall however cooperate with the investigation." When senior advocates Vikas Singh and Sidharth Luthra, appearing for Punjab, pressed for the FIR to be stayed, the court declined: "We are not staying the FIR. We are saying no coercive steps may be taken." The order, in the case State of Punjab v Nikhil Saraf, gives the Punjab government interim protection from coercive action without halting the CBI's investigation into alleged corruption inside the Chief Minister's office.

How the case reached the Supreme Court

The CBI FIR was registered on October 5 following a direction from a Punjab and Haryana High Court bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor. The case grew out of three communications from the Enforcement Directorate to Punjab Director General of Police Gaurav Yadav seeking an FIR over corruption allegations linked to Ghuman. The ED alleged that Ghuman and his associates, including Nitin Gohal, interfered in administrative transfers and postings as well as government tenders. After the Punjab Police did not register an FIR on the ED's communications, advocate Nikhil Saraf approached the High Court with a public interest plea seeking an independent CBI probe. The High Court directed the CBI to register the case and file a status report within two months, ordering Punjab and its police to hand over all records.

What the CBI has done so far

The CBI registered the FIR under the Prevention of Corruption Act and the Bharatiya Nyaya Sanhita, naming Ghuman, Nitin Gohal, Jitin Gohal alias Raja, Romi Raja Mahajan, Bir Devinder and R.S. Nagra among the accused. The case was registered in Delhi. The agency then carried out searches at eight locations, including the camp office of the Punjab Chief Minister and Ghuman's residence in Chandigarh. The allegations concern bribes allegedly paid to influence government transfers and postings, tenders, policy decisions and land-related matters. Ghuman has also moved the High Court separately seeking to quash the CBI FIR, and earlier skipped a second CBI summons before the High Court referred his plea to the Chief Justice's bench.

What each side argued

For the respondent in the appeal, senior advocate Dama Seshadri Naidu submitted that the PIL petitioner was facing vindictive action from the state government, including the demolition of his property, and sought protection from state harassment. The bench did not pass any order on that request, but its interim direction means the investigation moves ahead while the state government gets protection from arrests or other coercive steps. The Punjab government had moved the Supreme Court on October 6; the matter was heard by this bench after Justice Sheel Nagu recused, with the case listed as not to be placed before him.

Did the Supreme Court stay the CBI FIR?

No. The court expressly refused to stay the FIR and said only that no coercive steps may be taken for now. The CBI's investigation continues.

Who is Rajbir Singh Ghuman?

Rajbir Singh Ghuman is the Officer on Special Duty (OSD) to Punjab Chief Minister Bhagwant Mann. He is named in the CBI's corruption case as an accused alongside alleged intermediaries.

What happens next in the case?

The Supreme Court has issued notice to the Centre, the CBI and the Enforcement Directorate and will hear the Punjab government's appeal further. Meanwhile the High Court's two-month deadline for the CBI's status report continues to run.