Punjab govt challenges CBI probe against suspended DIG Harcharan Singh Bhullar, citing lack of jurisdiction; court hearing postponed to December.

The Punjab govt resisted the Central Bureau of Investigation’s (CBI) attempt to file criminal charges against Harcharan Singh Bhullar, a suspended deputy inspector general (DIG) from the Ropar range who was detained by the CBI in connection with an October corruption case.

The Punjab government counsel argued during the hearing of a petition filed by Bhullar that the CBI ought to have forwarded the allegation against Bhullar to the Punjab Vigilance Bureau (VB), which investigates corruption cases. The state’s attorney stated, “He will be punished, but in line with the law.” “..the law should take its own course. “But it is a very important legal question (jurisdiction issue of the CBI),” the Punjab government lawyer stated, citing the case’s facts and contending that the CBI lacked “jurisdiction” to begin the inquiry and that it had established jurisdiction to do so.

The CBI detained Bhullar, who is in judicial custody, on October 16 for allegedly taking a bribe of ₹5 lakh from scrap dealer Akash Batta. Later investigations of his homes turned up documentation pertaining to more than 50 properties, 2.5 kg of gold, 26 expensive watches, and ₹7.5 crore in cash.

Bhullar was asking the court to rule that his arrest was unlawful because the CBI lacked the authority to investigate an officer who works in Punjab. The plea also requests the complaint to be quashed, which led to his arrest in the corruption case and the filing of a criminal lawsuit.

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Bhullar had said that the CBI could only conduct an investigation into a state and its officers under the Delhi Special Police Establishment Act, 1946, with the state government’s approval or court orders. But none exists in the case at hand as general consent granted to the CBI has been revoked in 2020.

Additionally, it was claimed that the entire incident stems from a formal complaint filed at the Sirhind police station against scrap dealer Akash Batta, who is accused of forgery and cheating in connection with tax fraud in his scrap iron company. Therefore, the CBI lacked the authority to look into the matter.

During the hearing, the CBI clarified that a written complaint from Batta was received and proceedings were commenced only after verification decisively confirmed unambiguous demand and agreement for illicit gratification. In Chandigarh, the intermediary, Krishanu Sharda, met with Batta and made a claim on Bhullar’s behalf. Later, Sharda in Chandigarh’s sector-21 received bribe money. 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 found, Bhullar was apprehended from his workplace in Mohali and arrested at 8 pm on October 16 in Chandigarh. In Chandigarh, bribe money was also received and demand was increased. Therefore, it automatically falls under Chandigarh’s jurisdiction,” the CBI attorney informed the court, adding that since the crime was reported in Chandigarh, the state government’s approval was not necessary.

The court requested the CBI counsel to present papers pertaining to CBI jurisdictional problems under Section 51 of the Delhi Special Police Establishment Act, 1946, and postponed the hearing to the first week of December.