Rajbir Singh Ghuman, the principal secretary to Punjab Chief Minister Bhagwant Mann, filed a petition in the Punjab and Haryana High Court on Thursday, Oct 12, arguing that the Central Bureau of Investigation (CBI) violated Section 17A of the Prevention of Corruption Act by conducting a search of his residence in Gharachon, Sangrur, without prior approval. The CBI registered a First Information Report at 11:50 pm on Oct 5, following a High Court order issued that day, and then carried out a 22‑hour raid from 5:50 pm on Oct 6 to 4 am on Oct 7, when neither Ghuman nor any family members were present.
Ghuman claims the raid was carried out with only one independent witness, a detail he says undermines the procedure and the legality of the seizure of documents and electronic equipment. He also alleges that the search was conducted without the statutory clearance that Section 17A requires, which is mandatory for investigations into corruption allegations against public servants.
Under Section 17A, a police officer may not investigate or prosecute a public servant for corruption related to official duties unless a government approval is obtained, except in a trap‑case on‑the‑spot arrest. Ghuman says the CBI’s action does not fall under that exception and that the agency’s conduct was therefore unlawful.
Citing the Supreme Court’s 2020 ruling in Yashwant Sinha v. CBI, Ghuman argues that even when a court directs the filing of an FIR, the investigation still must obtain the prior approval stipulated by Section 17A. He seeks the quashing of the investigation until such approval is secured, or alternatively, a directive that no further proceedings be taken without it.
The CBI has not yet responded to the petition, while Ghuman’s wife, who lives in the same village, said she was left frightened by the sudden raid and had to scramble to secure the home’s personal belongings. The case is now set for a hearing on Oct 20, after which the court will decide whether the investigation can proceed or must be halted.
If the High Court dismisses the petition, the CBI could continue its probe; if it upholds Ghuman’s claim, the agency would be required to seek the necessary approval before pursuing any further action.