The Supreme Court has refused to stay the CBI FIR against Punjab CM’s OSD while directing that no coercive steps be taken in the case.
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New Delhi: The Supreme Court on Monday issued notice on the State of Punjab’s petition against a High Court direction for a CBI case concerning the Officer on Special Duty to Chief Minister Bhagwant Mann, declined to stay the FIR, and ordered that no coercive steps be taken, while observing that the State must cooperate with the investigation [State of Punjab v. Nikhil Saraf].
The bench of Justice MM Sundresh and Justice Prasanna B Varale heard the matter after Justice Sheel Nagu, sitting with Justice Dipankar Datta, recused from hearing it.
The case
The Punjab and Haryana High Court bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor had directed the CBI to register a case on allegations concerning the OSD, Rajbir Singh Ghuman, and asked the State and Punjab Police to assist the agency. The direction came in a PIL by advocate Nikhil Saraf, who alleged that Punjab Police did not act on communications from the Enforcement Directorate seeking a probe. The CBI registered the FIR on October 5, 2026, naming Ghuman and five others.
The FIR alleges corruption and influence-peddling, including payment of bribes to influence transfers and postings, tenders, policy decisions, licensing and land-related matters. These are allegations only. They are untested, the Court has expressed no view on the merits, and the presumption of innocence applies to all those named.
What the Court ordered
Appearing for the State, Senior Advocate Vikas Singh challenged the High Court’s direction. Senior Advocate Dama Seshadri Naidu, for the respondent, submitted that his client faced vindictive action from the State Government, that his property had been demolished, and that he needed protection from harassment. The Court issued notice, refused to stay the FIR, and recorded:
no coercive steps be taken in the CBI FIR.
Why the order matters
The order lets the CBI investigation continue while shielding those named from arrest or similar steps for now, and it keeps the State’s challenge to the High Court’s direction alive. The State’s contention that the High Court should not have handed the probe to the CBI will be examined at the next stage.
Case Title: State of Punjab v. Nikhil Saraf [Diary No. 62464/2026]
Bench: Justice MM Sundresh and Justice Prasanna B Varale, Supreme Court of India
Date of Order: October 12, 2026
Appearances: Senior Advocate Vikas Singh (State of Punjab); Senior Advocate Dama Seshadri Naidu (respondent)