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Punjab and Haryana HC to hear PIL seeking independent probe into ED letter to DGP today
During the hearing on August 28, the HC bench had sought replies by September 3 from the Punjab government, the DGP, Central Bureau of Investigation (CBI), chief director of Punjab Vigilance Bureau and the ED
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The Punjab and Haryana high court will on Thursday hear a public interest litigation (PIL) seeking an independent investigation into an Enforcement Directorate (ED) communication to the Punjab director general of police (DGP) seeking registration of a case against private person Nitin Gohal and others over alleged corruption and other offences.
During the hearing on August 28, the HC bench had sought replies by September 3 from the Punjab government, the DGP, Central Bureau of Investigation (CBI), chief director of Punjab Vigilance Bureau and the ED.
The PIL has been filed by advocate Nikhil Saraf, who referred to media reports published on August 17 regarding an ED communication dated August 12 to the Punjab DGP seeking registration of an FIR over alleged corruption and other offences.
Meanwhile, a 200-page affidavit filed by the ED before the high court has provided details of the agency’s questioning of Gohal and the material allegedly recovered during searches at his premises.
According to the ED, Gohal allegedly acted as an intermediary between persons seeking government-related favours and Rajbir Singh Ghuman, an officer on special duty (OSD) to chief minister Bhagwant Mann. The agency has raised allegations relating to transfers and postings of government officials, access to confidential government documents, facilitation of arms licences and securing government approvals in return for alleged monetary or other benefits.
The allegations are part of the ED’s investigation and have not been established by a court.
The affidavit, filed before the high court on September 1, contains details of a 68-point questionnaire put to Gohal during searches conducted at his locations in Mohali on May 8.
The agency said the questions were framed on the basis of data retrieved from Gohal’s mobile phone, which was examined by the investigation team. The ED has also placed before the court what it described as substantial evidence, including ledger records, WhatsApp chats, call records and other documents.
Only assisted in ‘general work’: Gohal
In response to a question concerning requests for transfers and postings of Punjab government officers and officials, Gohal told the ED that he had known Ghuman for around 22 years and frequently visited his office.
He said several officers, officials and MLAs consequently forwarded requests to him.
“I only have done the data entry type work like preparing lists in Excel and forwarding to the person concerned. I only assist them in general work,” Gohal stated, according to the affidavit.
He further maintained that he was neither the competent authority nor had any official role in matters concerning transfers and postings of Punjab government officials. He said he merely compiled the requests and forwarded them because of his personal acquaintance with Ghuman.
Gohal also denied having any direct relationship with the officers and officials whose requests he received.
“I have no relation with the said officers/officials,” he told the agency, adding that he had merely received and forwarded their requests due to his acquaintance with Ghuman.
He categorically denied receiving any commission, money or other benefit in connection with transfer and posting requests.
“No promises, assurances, or representations were made by me to any officer/official regarding securing or facilitating their transfer/posting,” Gohal stated.
Gohal also denied ownership of a bag containing money which, according to the agency’s allegations, was thrown from a balcony during the ED searches.
One significant portion of the affidavit concerns a confidential PowerPoint presentation relating to the “State Policies for Foodgrains, Labour and Cartage 2024”, dated January 24, 2024.
Gohal admitted to having seen the presentation and said it had been exchanged between him and Rajdeep Singh Nagra, who was involved in the foodgrain supply business.
According to Gohal’s statement recorded by the ED, Nagra wanted favourable changes in the state policies concerning foodgrains, labour and cartage for his business.
Gohal told the agency that he was neither a government employee nor a politician and was not authorised to access confidential government documents.
“However, I have received said document and information due to my links with officers,” he stated, according to the affidavit.
The ED has also referred to WhatsApp conversations allegedly involving Nagra in connection with changes in tender conditions for empanelment of manufacturers for the supply of fortified rice kernels (FRKs), tendering in Milkfed, approval of a private hospital in Sirhind, and transfer and posting of officials in the police and excise departments.
Gohal said he met Nagra in 2022-23 through a common friend. He told the agency that Nagra, who had rice shelling businesses, had asked him to look after his work relating to food and other government tenders.
“Since, I have political links in the Punjab government. I assured him to look the same,” Gohal stated, according to the affidavit.
He further said that he subsequently met Nagra three or four times and received various requests from him concerning the transfer and posting of government officials through WhatsApp.
Gohal, during his initial questioning, denied having any links with the proprietors of Suntec City and District 7, which were under the ED’s scanner. He also denied having any information concerning alleged fraudulent changes in land use and consent letters.
The ED’s investigation stems from its money-laundering probe under the Prevention of Money Laundering Act (PMLA) against Ajay Sehgal and associates of M/s Indian Cooperative Housing Building Society.
The agency has been investigating allegations that change of land use (CLU) permissions were facilitated through government authorities for certain real estate firms.
As part of the probe, the ED conducted searches between May 7 and 10 at the premises of Gohal, Sehgal, Suresh Kumar Bajaj and others linked to the society.
The agency has claimed that incriminating documents and other material were recovered during the searches.
