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HC declines interim relief in DIG Bhullar’s plea against CBI jurisdiction

Chief Justice Sheel Nagu lists case for January, says Bhullar is free to apply for bail

The Punjab and Haryana High Court declined to stay CBI proceedings against suspended DIG Harcharan Singh Bhullar. (File)The Punjab and Haryana High Court declined to stay CBI proceedings against suspended DIG Harcharan Singh Bhullar. (File)

The Punjab and Haryana High Court on Thursday declined to stay proceedings in two CBI cases against suspended Punjab Police DIG Harcharan Singh Bhullar, after a prolonged exchange on the issue of urgency and the scope of interim relief.

The bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry, hearing Bhullar’s challenge to the CBI’s jurisdiction in two FIRs alleging disproportionate assets, noted that the arguments on the main matter had already begun and that the interim relief sought would effectively amount to granting the final relief at this stage.

At the outset, the Chief Justice questioned the urgency asserted by the petitioner. “CBI matters, there’s no urgency in this. Charge sheet has been filed. Now what is the urgency?” he asked, adding that Bhullar could always seek bail.

Senior advocate A S Rai, representing Bhullar, countered that the issue was not liberty alone but the “absolute lack of jurisdiction” of the CBI to register the FIRs. He informed the bench that the Punjab Vigilance Bureau had registered a prior FIR for the same alleged assets, two hours before the CBI’s case. “If they have no jurisdiction, then all proceedings go. Urgency can be that he is in jail,” he argued.

The Chief Justice maintained that the absence of consent under Section 6 of the Delhi Special Police Establishment Act (DSPE) was a question already before the court and would be decided, but repeated that no immediate prejudice was shown. “Once you are liberated, then what happens? This can be heard anytime,” he said.

Rai pressed for either an early final hearing or an interim order keeping all proceedings in abeyance until the court decides whether the CBI could investigate offences in Punjab and Chandigarh after Punjab’s withdrawal of general consent. “If my lords uphold their jurisdiction, so be it. But if they had no jurisdiction, then why should there be a waste of time, effort and judicial time?” he said.

Rai stressed that the consequences of allowing the CBI to proceed were far-reaching. “This goes to the heart of the federal structure,” he submitted. “If this position is accepted, they can walk into the civil secretariat of Punjab or Haryana and do whatever they like. Every officer posted in Chandigarh as part of the state governments’ establishments becomes amenable to the DSPE Act without a valid regulation or consent. That is the consequence.” He added that even the State of Punjab had taken the position that the CBI lacked jurisdiction, and no affidavit had been filed to rebut this.

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The Chief Justice, however, said the court already had “many urgent matters” and pointed out that the federalism question would not “crumble” if the case was not taken up next week. When Rai offered to conclude all submissions within 30 minutes, the bench remarked that such undertakings “never happen” in practice.

As Rai continued to press, saying the continuance of proceedings would cause “substantial prejudice” and that a second charge sheet may be filed before the next date, the Chief Justice said the plea for interim relief mirrored the final prayer. “That cannot be done. That amounts to final relief,” he said.

In its brief oral order, the bench recorded that while the petitioner sought interim protection after the matter was adjourned to January, “the text and context of the interim relief is more or less akin to final relief”, and therefore the prayer was declined.

The court then listed the matter for the second week of January, noting that replies still needed to be placed on record, including on the applicability of the Delhi Special Police Establishment Act to Chandigarh.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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