Justice Sheel Nagu of the Supreme Court has recused from hearing the State of Punjab’s appeal against the Punjab and Haryana High Court’s order directing a CBI probe into allegations linked to the Chief Minister’s office [State of Punjab v. Nikhil Saraf].
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New Delhi: The Supreme Court on Friday saw Justice Sheel Nagu recuse from hearing the appeal of the State of Punjab against the Punjab and Haryana High Court‘s order directing the Central Bureau of Investigation (CBI) to register a case on allegations linked to the office of Chief Minister Bhagwant Mann, including allegations concerning his Officer on Special Duty (OSD). Justice Nagu had sat on the Bench that heard the matter on 8 October 2026 along with Justice Dipankar Datta. The allegations are untested, the courts have expressed no view on their merits, and the presumption of innocence applies to all concerned.
What happened in Court
According to Bar & Bench, Justice Nagu recused from the matter on Friday, 9 October 2026. No reasons for the recusal were recorded in the report. The reported developments do not state which Bench will now hear the appeal or when it will be listed, and the matter is expected to be placed before another Bench in the ordinary course.
The High Court order
On 5 October 2026, a Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor of the Punjab and Haryana High Court, in a public interest litigation filed by advocate Nikhil Saraf, directed the CBI to register a case and report within two months. The petition alleged that the Punjab Police did not act on communications from the Enforcement Directorate (ED) concerning Rajbir Singh Ghuman, the OSD to the Chief Minister, and an alleged intermediary. These are the allegations as cited in the petition, and no court has found anyone guilty of anything.
The State’s case
The State of Punjab contends that the PIL is politically motivated, that the High Court’s order conflicts with the Supreme Court’s judgment in Vijay Madanlal Choudhary, that the direction was issued without prior approval under Section 17A of the Prevention of Corruption Act, and that general consent to the CBI under Section 6 of the Delhi Special Police Establishment Act stands withdrawn. These are the State’s contentions, and the Supreme Court has not ruled on them.
The other side
The petitioner in the High Court, advocate Nikhil Saraf, sought a fair and independent investigation, contending that no action was taken even after the ED’s communications to the State. The High Court accepted that a CBI probe was warranted on the material before it.
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Case Title: State of Punjab v. Nikhil Saraf
Judge who recused: Justice Sheel Nagu, Supreme Court of India
Date of Recusal: October 9, 2026
Impugned order: Punjab and Haryana High Court, October 5, 2026