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Punjab CM’s OSD Rajbir Ghuman moves high court for setting aside CBI probe against him

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Rajbir Singh Ghuman, Officer on Special Duty in Punjab Chief Minister’s office, has approached the Punjab and Haryana High Court for setting aside the investigation concerning him in the FIR registered by the CBI under the provisions of the Prevention of Corruption Act on October 5.Directions have also been sought for setting aside all consequent actions till mandatory sanctions under the provisions of the Act were received.Ghuman contended that the CBI without sanction – required under the law in compliance of Section 17A of the Act – illegally carried the search at his residence in Sangrur on October 6. “The CBI after registering the FIR at 11.50 pm on October 5 and without procuring the sanction as mandated under the law, conducted the search and carried on the proceedings in an illegal manner against the settled position of law,” he added.Referring to the law, he said Parliament enacted, “in terms that admit of only one exception”, that no police officer shall conduct any inquiry or investigation into an offence under the Act alleged against a public servant, without the previous approval” of the Government as mandated under Section 17A “where the offence is relatable to a recommendation made or a decision taken by him in the discharge of his official functions”.He added: “Within 24 hours of registering the FIR on October 5, the respondent CBI obtained a search warrant and searched his premise in the “absence of the petitioner or any of the family”.The actions and seizure was doubtful as the same was done in violation of the law. “No proposal under Section 17A was moved to the Government of Punjab. No approval exists. Every one of these steps is an investigation which the statute forbade the CBI to conduct,” he added.His counsel said the petitioner was, therefore, praying that any proceeding to be initiated was required to be done as per law and the CBI was required to act within the statute and safeguards provided under Section 17A of the Act.“The Section 17A of the Act provides for protection and has to be strictly adhered to and it is not as per the wishes of the CBI to proceed with the matter while ignoring the mandate of the law,” the counsel added. The matter is yet to come up for hearing. Advance copies of the petitions have been handed over to the counsel representing respondents including Additional Solicitor-General Satya Pal Jain.  

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