The State of Punjab has moved the Supreme Court against the Punjab and Haryana High Court’s direction for a CBI probe into allegations concerning the Officer on Special Duty to the Chief Minister, contending that the PIL is politically motivated and offends federal principles.
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New Delhi: The State of Punjab has filed a Special Leave Petition in the Supreme Court challenging the Punjab and Haryana High Court‘s order directing the Central Bureau of Investigation (CBI) to register a criminal case and conduct a CBI probe into allegations linked to the office of Chief Minister Bhagwant Mann. The allegations are untested, and neither the High Court nor the Supreme Court has made any finding against any person. [State of Punjab v. Nikhil Saraf]
Senior Advocate Vikas Singh, appearing for the State, mentioned the petition before Chief Justice of India Surya Kant on Tuesday. The CJI declined to list it the same day, indicating that it could be heard the next day or the day after.
Background
The High Court order arose from a public interest litigation by advocate Nikhil Saraf. According to the Enforcement Directorate (ED), an intermediary, Nitin Gohal, facilitated government transfers, access to confidential documents, arms licences and other benefits for persons approaching Rajbir Singh Ghuman, the Officer on Special Duty (OSD) to the Chief Minister. These are the ED’s allegations, and neither Ghuman nor Gohal has been found guilty of anything.
The PIL alleged that the Punjab Police did not act on the ED’s communications about these allegations. On Monday, a Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor directed the CBI to register a case on the allegations concerning Ghuman and to report within two months.
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Grounds in the petition
Mr Singh submitted that the allegations concern the transfers and postings of State officers. He contended that the case is politically motivated and was brought during an election period, and that the direction violates the principles of federalism.
He further argued that the High Court’s direction runs contrary to the Supreme Court’s decision in Vijay Madanlal Choudhary, submitting that police action requires material disclosing a cognizable offence. The State’s grounds are recorded here as its contentions, and no court has ruled on them.
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CBI Probe Challenge: Listing
No date has been fixed. The Chief Justice of India said the matter could come up for hearing on Wednesday or Thursday.
Case Title: State of Punjab v. Nikhil Saraf | Diary No. 62464/2026 | Special Leave Petition mentioned on 6 October 2026 | Impugned order: Punjab and Haryana High Court, Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor, 5 October 2026
Appearances: Senior Advocate Vikas Singh for the State of Punjab.