SC judge Sheel Nagu recuses from Punjab govt's plea against CBI probe; CJI to form new bench
Synopsis
A Supreme Court bench could not even begin hearing Punjab's challenge to a CBI corruption probe — because one of its own judges recused himself at the outset. With searches already conducted at CM Bhagwant Mann's camp office and his OSD summoned, the case now heads back to CJI Surya Kant for a fresh bench, while the CBI probe rolls on unimpeded.
Key Takeaways
Justice Sheel Nagu recused himself on 9 October 2026 from hearing the Punjab government's plea against a CBI corruption probe.
CJI Surya Kant will now constitute a fresh bench to hear the matter as master of the roster.
The plea challenges the Punjab and Haryana High Court's 5 October order directing the CBI to register a case and submit a status report within two months .
The CBI has already registered an FIR and searched eight locations including CM Mann's Chandigarh camp office .
OSD Rajvir Ghuman and associates Nitin Gohal and Bir Devinder have been summoned to the CBI's Chandigarh office .
The CBI probe stems from Enforcement Directorate letters alleging interference in transfers, postings, and government tenders.
Supreme Court judge Justice Sheel Nagu on Friday, 9 October 2026, recused himself from hearing the Punjab government's plea challenging the Punjab and Haryana High Court's order that directed a Central Bureau of Investigation (CBI) probe into corruption allegations against Chief Minister Bhagwant Mann's Officer on Special Duty (OSD), Rajvir Ghuman, and others. Chief Justice of India (CJI) Surya Kant will now constitute a fresh bench to hear the matter.
How the Recusal Unfolded
A bench comprising Justice Dipankar Datta and Justice Sheel Nagu was scheduled to take up the plea when Justice Datta noted that the case could not proceed before Justice Nagu. The bench directed that the matter be placed before CJI Surya Kant — the master of the roster — for the constitution of an alternate bench. No reason for the recusal was formally recorded on the order sheet.
The development follows Thursday's hearing, where the same bench had adjourned the matter to Friday after the case file reached the bench late, leaving Justice Nagu without adequate time to examine the papers. Senior advocate Vikas Singh, appearing for the Punjab government, had on Thursday urged the bench to grant interim protection against any precipitative action in the interim period. The bench, however, declined, observing: 'When we haven't read the file, how can we?'
The High Court Order That Triggered the Dispute
The Punjab government moved the Supreme Court challenging the High Court's 5 October order, which directed the CBI to register a case and take over an investigation into corruption allegations linked to three letters written by the Enforcement Directorate (ED) to Punjab Director General of Police Gaurav Yadav. The High Court additionally asked the state government and police to extend full cooperation to the CBI and mandated a status report within two months.
The ED had alleged that Ghuman and his associates, Nitin Gohal and Bir Devinder, were interfering in administrative transfers, postings, and government tenders, and had called for the registration of an FIR. When the Punjab Police did not act on the ED's communications, advocate Nikhil Saraf filed a Public Interest Litigation (PIL) before the Punjab and Haryana High Court seeking an independent CBI probe, alleging that the matter involved persons linked to the Chief Minister's Office and required an investigation free from the influence of the Punjab Police and Punjab Vigilance.
CBI's Actions on the Ground
The CBI has already registered an FIR pursuant to the High Court's directions and moved swiftly to initiate field-level action. On Tuesday, the agency conducted searches at eight locations across Chandigarh and Punjab, including Chief Minister Mann's camp office in Chandigarh and premises linked to Ghuman in Sangrur and Mohali. On Wednesday, Ghuman and his associates were summoned to appear before the CBI's Chandigarh office in connection with the ongoing probe.
What Happens Next
With Justice Nagu's recusal, the Punjab government's plea now awaits a reconstituted bench, the composition of which will be decided by CJI Surya Kant. Until a fresh bench is assembled and interim relief — if any — is granted, the CBI probe and its associated summonses and court-directed cooperation obligations remain in effect. The case is widely seen as a significant test of the Aam Aadmi Party (AAP)-led state government's ability to shield its own office-bearers from central investigative scrutiny.
Point of View
A summoned OSD, and a state government rushing to the Supreme Court to block a court-ordered probe. The AAP government's legal strategy of seeking interim relief has so far found no takers; the bench on Thursday refused to pass any order without reading the file, and now the bench itself has dissolved. Every day without a stay is a day the CBI operates with full judicial mandate. The reconstituted bench's first decision — whether to grant interim protection — will effectively determine whether the probe can reach the Chief Minister's Office or is legally frozen mid-track.
NationPress
9 Oct 2026
Frequently Asked Questions
Why did Justice Sheel Nagu recuse from the Punjab CBI probe case?
Justice Sheel Nagu recused himself on 9 October 2026 from the bench that was to hear the Punjab government's plea against the CBI probe, with Justice Dipankar Datta noting the case could not be heard by Justice Nagu. No formal reason for the recusal was recorded in the order.
What is the Punjab government challenging in the Supreme Court?
The Punjab government has challenged the Punjab and Haryana High Court's 5 October order directing the CBI to register a case and investigate corruption allegations against Chief Minister Bhagwant Mann's OSD Rajvir Ghuman and his associates. The High Court also asked the state to cooperate fully with the CBI and ordered a status report within two months.
What action has the CBI already taken in the Rajvir Ghuman case?
The CBI has registered an FIR pursuant to the High Court's directions and searched eight locations across Chandigarh and Punjab, including CM Mann's camp office and premises linked to Ghuman in Sangrur and Mohali. Ghuman and his associates were also summoned to the CBI's Chandigarh office on Wednesday.
What happens to the case now that Justice Nagu has recused?
CJI Surya Kant, as master of the roster, will constitute a fresh bench to hear the Punjab government's plea. Until a new bench is formed and any interim relief is considered, the CBI's court-directed probe and summonses remain operative.
What were the original corruption allegations against Rajvir Ghuman?
The Enforcement Directorate alleged that Ghuman and associates Nitin Gohal and Bir Devinder were interfering in administrative transfers, postings, and government tenders in Punjab. When the Punjab Police did not register an FIR on the ED's communications, advocate Nikhil Saraf filed a PIL in the Punjab and Haryana High Court, leading to the order for a CBI probe.
