Special CBI Court Refuses Contempt Action Against CBI Officials On Complaint By Punjab CM's OSD

Chandigarh: The Special CBI Court in Chandigarh has dismissed a contempt application filed by Rajbir Singh Ghumman, Officer on Special Duty (OSD) to Punjab Chief Minister Bhagwant Mann, holding that the investigating agency did not commit willful disobedience of the court's order by uploading the First Information Report (FIR) on its official website.

Special Judge Bhawna Jain observed that the court's earlier order temporarily exempting the CBI from uploading the FIR was intended to facilitate search operations and prevent the destruction of electronic evidence. The order did not impose a permanent restriction on making the FIR public, the court noted.

The application sought contempt proceedings against senior CBI officials, alleging that the FIR's publication and its subsequent circulation in the media were politically motivated.

The case relates to an FIR registered by the CBI's Economic Offences-II branch in New Delhi on October 5, under various provisions of the Indian Penal Code and the Prevention of Corruption Act, 1988.

On October 6, the CBI obtained temporary relief from the court regarding the mandatory uploading of the FIR on its website, citing the sensitive nature of the case and the need to execute search warrants without risking the destruction of electronic evidence.

After completing the search operations, the agency uploaded the FIR on its official website on October 7.

The applicant, represented by Senior Advocate Deepinder Singh, assisted by Ferry Sofat, argued that the CBI had published the FIR without obtaining prior formal permission from the court. The applicant also alleged that the document's circulation in print and electronic media was intended to gain political mileage and malign the state administration.

Public Prosecutor Narender Singh defended the agency, submitting that the temporary restriction was intended only to protect the ongoing search operations. He argued that after the searches were completed, the CBI was required to comply with the Supreme Court's guidelines in the Youth Bar Association of India case concerning the uploading of FIRs.

In its ruling, the court observed that the earlier order did not permanently prohibit the CBI from uploading the FIR. It said the restriction was limited to the period during which the search operations were being conducted.

The court further noted that the applicant's legal team had been informed in open court during earlier proceedings that the FIR had been uploaded.

Finding no willful disobedience of its order, the court dismissed the contempt application.