New Delhi, October 9, 2026: Supreme Court Justice Sheel Nagu on Friday, October 9, recused himself from hearing the Punjab government’s petition challenging a Central Bureau of Investigation (CBI) probe into corruption allegations linked to Chief Minister Bhagwant Mann’s office.
The recusal came after it emerged that Justice Nagu had previously dealt with petitions filed by the same public interest litigation (PIL) petitioner while serving as Chief Justice of the Punjab and Haryana High Court.
The matter was listed before a Bench comprising Justice Dipankar Datta and Justice Sheel Nagu. However, when the hearing began, Justice Datta announced that Justice Nagu would not hear the case. “It can’t be heard by Justice Nagu; it will be assigned to another bench by the CJI,” he said, referring to the Chief Justice of India, Live Law reports.
Why Did Justice Nagu Step Aside?
The issue surrounding Justice Nagu’s earlier involvement came up when senior advocate Jaideep Gupta, representing the Punjab government, informed the Supreme Court that the judge had previously dismissed certain petitions filed by the PIL petitioner during his tenure as Chief Justice of the Punjab and Haryana High Court.
Gupta clarified that the state government was not relying on those earlier orders. However, Justice Datta confirmed the recusal and made a striking observation about the circumstances judges face. “We are in very difficult times Mr. Gupta. One doesn’t know, from where the attack will come from. There are 17 other benches,” he remarked.
What Makes His Earlier Role Significant?
Justice Nagu’s previous involvement is significant because the present dispute arose from a petition filed by the same PIL petitioner whose earlier cases he had dealt with at the High Court. Although the Punjab government clarified that it was not relying on those orders, the judge’s past association with the proceedings became a relevant consideration during the hearing.
The court did not provide a detailed explanation establishing the precise reason for the recusal. However, Justice Datta’s remarks suggested concern about possible criticism or challenges surrounding a judge’s participation in a case. Justice Nagu had served as Chief Justice of the Punjab and Haryana High Court before being elevated to the Supreme Court in June 2026.
Why Is Punjab Challenging The CBI Investigation?
The Punjab government approached the Supreme Court after the Punjab and Haryana High Court directed the CBI to register a criminal case and investigate corruption allegations involving Rajbir Singh Ghuman, Officer on Special Duty (OSD) to Chief Minister Bhagwant Mann.
The state has questioned the legal basis of the investigation. During an earlier hearing, Singh, whose full name was not identified in the source report, argued that the case was politically motivated and was being pursued because Punjab was approaching elections. He also maintained that the High Court had ordered the probe because the Punjab Police had allegedly failed to act on information shared by the Enforcement Directorate (ED).
What Is The State’s Legal Argument?
According to the submissions made before the Supreme Court, the ED had shared information under Section 66(2) of the Prevention of Money Laundering Act. Singh argued that the police were required to act only if the information disclosed a cognisable offence.
He further claimed that the High Court’s direction was contrary to the Supreme Court’s judgment in the Vijay Madanlal Chaudhary case. The Punjab government has therefore sought to overturn the order directing the central agency to investigate the allegations.
What Led To The Corruption Probe?
On Monday, October 5, a Punjab and Haryana High Court Bench comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor directed the CBI to register a criminal case concerning allegations against Ghuman. The court also ordered the Punjab government and Punjab Police to extend all necessary assistance to ensure a fair investigation.
The directions came while hearing a PIL filed by advocate Nikhil Saraf. The petition alleged that the Punjab Police had failed to take appropriate action despite communications from the ED seeking an investigation. The ED had flagged allegations involving Nitin Gohal, who allegedly acted as an intermediary for people seeking favours from the Punjab government.
What Are The Allegations Against The CM’s Office?
The allegations concern the facilitation of government transfers, access to confidential government documents, assistance in obtaining arms licences and securing other benefits. These claims formed part of the material considered by the High Court before it ordered the CBI investigation.
The allegations remain subject to investigation, and the Supreme Court proceedings concern the Punjab government’s challenge to the High Court’s direction. The state’s objections raise a separate legal question about whether the material shared by the ED justified the order for a CBI probe.
What Happens After Justice Nagu’s Recusal?
The petition was initially scheduled for hearing on Thursday, October 8, but was adjourned because Justice Nagu had received the case files late and could not study them. The matter returned to the Supreme Court on Friday, when he recused himself. Earlier, the CJI had declined a request for an immediate hearing on Tuesday but agreed to list the matter on Thursday.
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The CJI will now assign the case to another Bench. While the recusal does not decide the merits of the Punjab government’s challenge, it delays judicial consideration of a politically sensitive dispute involving allegations linked to the Chief Minister’s Office. The central question remains whether the High Court’s direction for a CBI investigation can withstand the state government’s legal challenge.
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