DIG Bhullar Case: CBI does not have the authority to investigate against Punjab officers: Suspended DIG Bhullar reaches HC
DIG Bhullar Case: Suspended DIG of Ropar Range Harcharan Singh Bhullar has filed a petition in the Punjab and Haryana High Court challenging the powers of the Central Investigation Agency (CBI). Bhullar has sought quashing of the FIR registered by the CBI on October 29 last year under the Prevention of Corruption Act. He argues that the CBI does not have the legal authority to investigate a Punjab cadre officer without the prior consent of the state government.
The petition states that the case registered on the alleged charges of amassing assets beyond means is legally and factually wrong. The petition, filed through Bhullar’s lawyers Tanu Bedi, Vipul Joshi and Ishan Khetrapal, claims that this action is a gross abuse of legal process and is against the principles laid down by the Supreme Court.
The petitioner has mainly raised the issue of ‘Lack of Jurisdiction’. It has been argued that under the Delhi Special Police Establishment Act, 1946 (DSPE Act), the powers of the CBI are limited to the Union Territories. If the agency has to investigate against an officer working under the jurisdiction of a state or under the state government, the consent of the concerned state government is mandatory.
Threat to the federal structure
Bhullar has appealed to the court to see this matter as an attack on the ‘federal structure’. He said that the basic structure of the Constitution protects the rights of the states. According to the petition, the Punjab government has not issued any consent or notification to the CBI that allows it to take action against the police officers of Punjab.
Citing service record Claiming his innocence, DIG Bhullar said that his service record has been spotless and he has received many honours during his duty. They have demanded from the court that the investigating agency be restrained from conducting further investigation on the basis of this FIR and the case registered be quashed as 'illegal'. Now it remains to be seen what response the High Court seeks from the Centre and the CBI on this constitutional and legal point.