The Punjab government on Wednesday opposed the Central Bureau of Investigation (CBI) move to initiate criminal proceedings against suspended deputy inspector general (DIG), Ropar range, Harcharan Singh Bhullar, arrested by the CBI in a corruption case in October.
During the hearing of a petition filed by Bhullar, the Punjab government counsel submitted that the CBI should have sent the complaint against Bhullar to Punjab Vigilance Bureau (VB), which looks into corruption matters. “He is to be punished, but in accordance with the law,” the state’s counsel said. “..the law should take its own course. But it is a very important legal question (jurisdiction issue of the CBI),” the Punjab government counsel said, referring to the facts of the case and arguing that CBI had no “jurisdiction” to launch investigation into the case and that jurisdiction has been created by the CBI to launch the probe.
Bhullar, who is in judicial custody, was arrested by the CBI on October 16 for allegedly accepting ₹5-lakh bribe from a scrap dealer Akash Batta. Subsequent searches at his residences yielded ₹7.5 crore cash, 2.5 kg gold, 26 luxury watches, and documents related to over 50 properties.
The court was hearing a petition by Bhullar demanding that his arrest be declared illegal as CBI had no jurisdiction to launch an investigation against an officer, who is working in Punjab. The Plea also seeks quashing of the complaint, which resulted in registration of criminal case and his arrest in the corruption case.
{{/usCountry}}The court was hearing a petition by Bhullar demanding that his arrest be declared illegal as CBI had no jurisdiction to launch an investigation against an officer, who is working in Punjab. The Plea also seeks quashing of the complaint, which resulted in registration of criminal case and his arrest in the corruption case.
{{/usCountry}}Bhullar had argued that under the Delhi Special Police Establishment Act, 1946, the CBI can investigate in a state and its officers only if there is a consent from the state government or directions from the court in this regard. But none existed in the case in hand as general consent granted to the CBI has been withdrawn in 2020.
It was further alleged that the entire controversy emanates from an FIR against scrap dealer Akash Batta at Sirhind police station, where he is accused of cheating and forgery related to tax evasion in his scrap iron business. Hence, CBI had no jurisdiction to investigate the case.
During the hearing, the CBI clarified that a written complaint from Batta was received and proceedings were initiated only after verification conclusively substantiated clear demand and agreement for illegal gratification. The middleman, Krishanu Sharda, met Batta in Chandigarh and a demand was raised on behalf of Bhullar. Subsequently, bribe money was received by Sharda in sector-21 of Chandigarh. A whatsapp call was also made to the DIG on both the occasions and all this is recorded, the court was told adding that after the middleman was caught, Bhullar was apprehended from his office in Mohali and arrested at 8 pm on October 16 in Chandigarh. “Demand was raised in Chandigarh and bribe money was also received in Chandigarh. So, automatically, it gets into jurisdiction of Chandigarh,” the CBI counsel told the court adding that given the crime was reported in Chandigarh, the consent of the state government was not required.
The hearing has been deferred to the first week of December by when the court has asked the CBI counsel to produce documents related to jurisdiction related issues of CBI under Section 51 of the Delhi Special Police Establishment Act ,1946.