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Chandigarh: The Punjab and Haryana High Court on Monday handed over to the Central Bureau of Investigation the probe into allegations of corruption and illegal gratification involving persons linked to the Punjab Chief Minister’s Office, giving a fresh push to a case that had been at the centre of a confrontation between the Enforcement Directorate and the Punjab government.
The court’s decision came on a public interest litigation filed by advocate Nikhil Saraf, who had sought an independent investigation into allegations of a “cash for transfers” and “cash for tenders” network involving public servants, private individuals and persons allegedly connected with the CMO.
The allegations had gained prominence after the Enforcement Directorate sent repeated communications to the Punjab Police seeking registration of an FIR on the basis of material gathered during its investigation. The ED alleged that the material pointed to illegal gratification in transfers and postings of government officials and interference in administrative decisions.
At the centre of the allegations is Rajbir Singh Ghuman, an OSD to Chief Minister Bhagwant Mann. The ED has alleged that private intermediaries, including Nitin Gohal, acted as a link between individuals seeking government favours and persons having access to the CMO.
The agency has alleged that the network was involved in influencing transfers and postings, accessing confidential government documents, facilitating arms licences and influencing government approvals. It has also alleged that proceeds running into crores were collected through cash, land and other forms of consideration. These remain allegations and are yet to be established through investigation or trial.
The ED had placed a detailed affidavit before the High Court, including WhatsApp conversations and other electronic material. The agency claimed that draft transfer lists, policy documents and classified government files were allegedly leaked or manipulated through intermediaries linked to the CMO.
The controversy intensified after the ED complained that despite repeatedly communicating with the Punjab Police, no FIR had been registered. The agency had sent communications to the state authorities seeking action on the material under Section 66(2) of the Prevention of Money Laundering Act.
The CBI had earlier told the High Court that it had no objection to conducting the investigation if the court entrusted the matter to it. The agency said it would abide by any direction issued by the court.
The Punjab government had opposed the demand for a CBI probe and questioned the ED’s approach. The state maintained that the police were required to examine the material supplied by the central agency and determine the nature of the alleged offences before taking further action.
The High Court’s decision now shifts the investigation from a dispute between the ED and Punjab Police to a probe by the CBI. The agency will have to establish whether the allegations and material placed before the court disclose criminal offences and whether the individuals named in the allegations had any role in the alleged network.
The development is politically significant for the Mann government because the allegations concern people allegedly having access to the Chief Minister’s Office. However, the court directing a CBI investigation does not amount to a finding of guilt against the Chief Minister, his office or any individual named in the allegations. The allegations will now be tested through the CBI investigation.