The Supreme Court on Friday recused Justice Sheel Nagu from hearing the Punjab Government’s challenge to a Punjab and Haryana High Court order directing the Central Bureau of Investigation (CBI) to register a criminal case and investigate alleged corruption linked to the office of Chief Minister Bhagwant Mann.
The matter was listed before a Bench comprising Justice Dipankar Datta and Justice Sheel Nagu. At the outset, Justice Datta indicated that the case would be assigned to another Bench by the Chief Justice of India following Justice Nagu’s recusal.
Senior Advocate Jaideep Gupta, appearing for the State government, informed the Court that Justice Nagu, during his tenure as Chief Justice of the Punjab and Haryana High Court, had passed orders dismissing petitions filed by the public interest litigation (PIL) petitioner. Gupta clarified, however, that the State was not relying on those earlier orders in the present proceedings.
Justice Datta subsequently confirmed that Justice Nagu would recuse from the matter, observing that judges were operating in difficult circumstances and could face attacks from various quarters.
The matter had been listed on Thursday before the same Bench but was adjourned to Friday after Justice Nagu indicated that the case files had reached him too late for adequate consideration.
The Punjab Government has approached the Supreme Court by way of a Special Leave Petition (SLP), assailing the High Court’s October 5 order directing a CBI investigation into allegations concerning Rajbir Singh Ghuman, an Officer on Special Duty (OSD) to Chief Minister Bhagwant Mann.
The High Court’s directions arose from a PIL filed by advocate Nikhil Saraf, alleging that the Punjab Police had failed to initiate appropriate action despite communications from the Enforcement Directorate (ED) flagging suspected corruption and seeking an investigation.
According to the allegations placed before the High Court, Nitin Gohal allegedly acted as an intermediary between individuals seeking government-related favours and persons connected with the Chief Minister’s Office. The alleged activities included influencing transfers and postings, facilitating access to confidential government documents, securing arms licences and obtaining other official benefits in exchange for monetary or other considerations.
The High Court, comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor, directed the CBI to register a criminal case and proceed with the investigation. It also directed the Punjab Government and the State Police to extend full cooperation to the central agency to facilitate a fair and impartial probe.
Challenging the order before the Supreme Court, the State has questioned the basis for directing a criminal investigation on the material communicated by the ED under Section 66(2) of the Prevention of Money Laundering Act, 2002.
During the earlier proceedings, the State contended that the police were required to act on such information only where it disclosed the commission of a cognisable offence. It also relied on the Supreme Court’s judgment in Vijay Madanlal Choudhary to challenge the legal basis of the High Court’s directions.
The State has additionally characterised the proceedings as politically motivated, contending that the investigation assumes significance in the run-up to the forthcoming Punjab Assembly elections.
The Supreme Court is yet to consider the merits of the State’s challenge to the High Court’s order.
Case: State of Punjab v. Nikhil Saraf
Case No.: Diary No. 62464/2026
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