Demolition Action Against Lawyer Soon After He Flagged Corruption In High Public Office Appears Attempt To 'Silence' Him: P&H High Court
The Punjab and Haryana High Court has observed that the demolition action initiated against an Advocate's farm stay, soon after he raised allegations of corruption involving high-ranking State officials, appeared unnatural and “does create doubt regarding intent of high-ranking State officers.”The Court was hearing a PIL filed by advocate Nikhil Saraf, who had raised allegations...
The Punjab and Haryana High Court has observed that the demolition action initiated against an Advocate's farm stay, soon after he raised allegations of corruption involving high-ranking State officials, appeared unnatural and “does create doubt regarding intent of high-ranking State officers.”
The Court was hearing a PIL filed by advocate Nikhil Saraf, who had raised allegations concerning the involvement of senior Punjab government officials in alleged corruption, including cash-for-transfers, favourable policies and tenders.
A Division Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor observed that Saraf's contention that an attempt was being made to silence him as a whistleblower could not be brushed aside lightly.
“The petitioner's contention that attempt is made by Punjab Police to silence the whistleblower also cannot be brushed aside lightly. The fact that a demolition order came to be passed against the petitioner soon after filing of the present petition appears unnatural,” the Court said.
It noted that a notice had earlier been issued to Saraf in November 2024, to which he had promptly responded, but that nothing happened thereafter.
“It is after expiry of a year and ten months that a demolition order is passed, without serving copy of the speaking order, immediately after filing of the present PIL which is suggestive of malice apparent on face of the record,” the Court observed.
The Court further noted that intervention by the Punjab and Haryana High Court Bar Association and the hearing of the matter by the Court at around 10 pm had prevented possible grave damage to the petitioner.
It however clarified that it was not expressing any definite opinion on the legality of the petitioner's construction.
“Though, we are not expressing any definite opinion on the legality of petitioner's construction but the manner in which action of demolition has followed soon after issuance of notice in this matter does create doubt regarding intent of high-ranking State officers against whom petitioner has highlighted corruption based on information shared by ED with Punjab Police,” the Court said.
The Court also noted that the farm stay demolition action had been pursued by GMADA with “undue hot-haste” after the petitioner filed the PIL.
The PIL concerned material shared by the Enforcement Directorate (ED) with the Punjab Police regarding alleged corruption involving senior State officials, including allegations relating to transfers, formulation of policies, award of tenders and other illegal activities. The Court found the material shared by the ED to be serious and of significant public importance.
The Court noted that the material forwarded by the ED was voluminous and contained incriminating material which prima facie indicated the involvement of high public officials in acts of corruption. It held that the material at least required registration of an FIR for proper investigation, observing that this was not the response of the Punjab Police.
The Bench ultimately held that a fair and transparent investigation was required and that it was “not impressed by the manner in which Punjab Police has acted so far in the matter.”
It accordingly entrusted the investigation to CBI. The matter has been listed on December 7, for furnishing of a status report.
Petitioner in person Nikhil Saraf, Rohit Sud (President), Parampreet Singh Bajwa (Secretary) and other office-bearers for the Punjab and Haryana High Court Bar Association; Sr. Adv. Vikram Chaudhari and Addl. AG Chanchal K. Singla for Punjab; ASG Satya Pal Jain and Sr. Adv. Zoheb Hossain for the Centre and ED; Ravi Kamal Gupta for the CBI.