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HomeJudiciaryPunjab chief secy ‘intentionally’ hampering probe against CM Mann’s OSD, associates—CBI tells...

Punjab chief secy ‘intentionally’ hampering probe against CM Mann’s OSD, associates—CBI tells SC

Agency alleged top court’s direction for cooperation in probe into 'organised transfer-posting syndicate' operating at behest of OSD Rajbir Ghuman was not being followed by the officer.

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New Delhi: The Punjab government is “hampering” the probe into the “organised transfer-posting syndicate” operating at the behest of Chief Minister Bhagwant Mann’s Officer on Special Duty (OSD) Rajbir Singh Ghuman and his associates by “delaying the supply of the original documents”, the Central Bureau of Investigation (CBI) told the Supreme Court Wednesday.

The agency alleged that the state’s chief secretary was not providing original copies of the documents required for the probe, and was instead giving only with certified photocopies, despite repeated requests for the originals. The bureau also said that top court’s direction for cooperation in the investigation was not being followed in “letter and spirit” by the officer.

The agency has made these allegations in its counter-affidavit to the state government’s appeal against the Punjab and Haryana High Court’s order for a CBI probe into allegations of influencing and manipulating the postings of officers, including Indian Administrative Service (IAS) and Indian Police Service (IPS) officers, as well as departmental proceedings pertaining to policy formulation and administrative approvals.

After hearing a Public Interest Litigation (PIL) filed by Chandigarh-based advocate Nikhil Saraf, the high court last month asked the CBI to file a First Information Report and conduct an investigation into the materials submitted by the Enforcement Directorate, which it found to prima facie reveal a cognisable offence. Based on the court order, the CBI had booked Ghuman and his childhood friends and associates—Nitin Gohal, Jitin Gohal, Romi Raja Mahajan, Bir Devinder, R.S. Nagra, unknown public servants, and unknown private persons, under sections on cheating and the provisions of the Prevention of Corruption Act.

The Bhagwant Mann-led Aam Aadmi Party government had challenged the high court order before the Supreme Court, which ordered the agency not to take any coercive action against the accused. However, the court had also asked the named accused and the state to cooperate in the investigation.

“It is respectfully submitted that, pursuant to the registration of the FIR on 05.10.2026, the investigation is in progress and is being conducted diligently. However, it is respectfully submitted that the Petitioner/Chief Secretary to the Government of Punjab is not providing original files, despite being emphasised about its requirement repeatedly,” CBI’s Investigating officer submitted in the affidavit to the apex court.

“Only certified copies of the files/documents are being provided, some of which are found to be incomplete. The State Government is using the pretext of administrative inconvenience and relying on the judgement of this Hon’ble Court in Jaswant Singh versus Gurdev Singh & Ors as well as that of the Hon’ble High Court of Allahabad in HDFC Bank Ltd. Versus State of UP & Ors for the same,” he further submitted.

The CBI officer argued, however, that “administrative inconvenience”  is not a legitimate reason for not supplying original documents, and went on to add that the same judgments of the apex court cited by the Punjab government had emphasised the significance of the original documents which are primary evidence.

“Also, in both of the aforementioned judgements, the Hon’ble Courts emphasise that original documents are primary evidences; and that reliance on secondary evidences i.e. certified photocopies are to be placed only if the original documents are unavailable. The State of Punjab is intentionally impeding the investigation proceedings by delaying the supply of the original documents,” he further argued in the affidavit.

The CBI officer further informed the top court that the accused persons facing the probe were issued a number of notices to join the probe, but those notices were initially received by their family members, who “feigned ignorance” about their whereabouts.

“Consequently, notices were also affixed (chaspa) at the respective residences of the accused persons. Only thereafter, the accused persons appeared before the investigating officer one by one and joined the investigation,” the CBI officer said.

Additionally, the agency also alleged that most of the nodal officers appointed by the Punjab chief secretary for assisting the agency in the probe are unable to assist since they are not connected to the documents being provided to the agency by the government. “A clear direction was issued by this Hon’ble Court vide Order dated 12.10.2026 and the Hon’ble High Court of Punjab and Haryana vide Order dated 5.10.2026 that the State of Punjab shall cooperate with the investigation, but this direction is not being followed in letter and spirit,” the agency officer further alleged.

The agency official said, however, that the probe was underway diligently and that, so far, raids have been conducted at 18 premises, including those of the accused persons, leading to the recovery of 294 documents, including 32 digital devices comprising mobile phones, laptops, CPUs, and hard disks containing incriminating materials. “So far, more than 86 witnesses have been examined,” the CBI officer further told the court.

(Edited by Nardeep Singh Dahiya)


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