Punjab & Haryana High Court Declines Interim Relief To DIG Who Challenged CBI Probe In Corruption Case Citing Jurisdiction

The Punjab and Haryana High Court on Thursday declined to grant interim release to DIG Harcharan Singh Bhullar in the corruption case registered by the CBI, observing that the relief sought was virtually identical to the final adjudication of the matter.

On October 16, the CBI arrested DIG Bhullar and alleged middleman in a bribery case. The middleman was apprehended first in Chandigarh, while purportedly receiving a bribe of ₹8 lakh from Mandi Gobindgarh–based scrap dealer Akash Batra. Subsequently, the CBI arrested DIG Bhullar from his Mohali office.

Later the same day, the agency conducted a raid at the DIG's residence in Sector 40, recovering ₹7.36 crore in cash, multiple property documents, 26 high-end watches, liquor bottles, and around 2.5 kg of gold ornaments.

Chief Justice Sheel Nagu and Justice Sanjiv Berry was hearing the plea filed by Bhullar seeking his arrest be declared illegal as the CBI had no jurisdiction under the Delhi Special Police Establishment Act (DSPE Act) to launch an investigation against an officer, who is working in Punjab. The plea also sought quashing of the complaint, which resulted in registration of criminal case and his arrest in the corruption case.

During the hearing, the Court questioned whether competent authority in the case would be Centre or Punjab, Senior advocate RS Rai appearing for Bhullar submitted that in the case of an IAS officer in Punjab, the CBI has to send the file to Punjab for obtaining sanction. “You are required to obtain sanction from the authority under whose service the public servant is,” he added.

While declining to grant interim-relief the Court said, "the main matter had already commenced, leaving no occasion to grant interim relief at this stage. The Bench observed that the nature of interim protection prayed for was “akin to the final relief”, and hence, the court was not inclined to exercise discretion at this stage.

Senior Advocate Rai submitted that “Here is an issue of the federal structure of the country, where whether you can get into a state.. is the only question. The individual here doesn't matter. Even the state of Punjab said, yes, they do not have jurisdiction.”

Without granting any interim relief, the hearing was adjourned.

Title: HARCHARAN SINGH BHULLAR V/S UNION OF INDIA AND OTHERS