Suspended Punjab DIG, Ropar Range, Harcharan Singh Bhullar has moved the Punjab and Haryana High Court against the Union of India and the CBI, seeking quashing of an FIR registered under the Prevention of Corruption Act at the CBI police station on October 29 last year.The petitioner submitted that there was no legal or factual basis for the registration of a criminal case pertaining to disproportionate assets and alleged unjust enrichment against a Punjab-cadre police officer employed in connection with the affairs of the state.Justice Sumeet Goel has issued notice of motion to the respondents for May 26.The petitioner contended that the FIR amounted to a clear abuse of the process of law. Directions have also been sought to restrain the CBI and its officials from proceeding further with the investigation arising out of the FIR.Filed through counsel Tanu Bedi, Vipul Joshi and Ishan Khetarpal, the petition contends that the FIR is liable to be quashed primarily on the grounds of “total lack of jurisdiction” with the CBI, which was empowered to probe specified offences only in UTs unless the state concerned consents to investigation of offences committed within its territorial jurisdiction and allegedly by officials employed in connection with its affairs.The petitioner, claiming impeccable credentials and several honours during service, challenged the registration of the disproportionate assets case as a “sinful transgression” and an affront to the federal structure, which forms part of the basic structure of the Constitution.It was added that the CBI derived its legal investigative powers entirely from the Delhi Special Police Establishment Act, 1946. The petitioner beseeched the court to hold and declare that the jurisdiction of the members of the Delhi Special Police Establishment cannot, under any circumstances, extend beyond a UT or a railway area in the absence of an enabling notification issued by the state government under the provisions of the Act consenting to such exercise of powers.It has been added that the Central Government might also, by an order, extend the powers and jurisdiction of the CBI to any state other than a UT, but no such order extending the jurisdiction of the CBI to the state of Punjab existed in the present case.


