“One Doesn’t Know… From Where the Attack Will Come”: Justice Datta As Justice Nagu Recuses In Punjab CM Office Case
Justice Dipankar Datta recused from hearing the Punjab Government’s challenge to the Punjab and Haryana High Court order directing a CBI probe into allegations linked to the Chief Minister’s office
Justice Sheel Nagu recused from hearing the Punjab Government’s appeal against a Punjab and Haryana High Court ruling that had directed the Central Bureau of Investigation to register a criminal case and investigate allegations of corruption connected to the office of Chief Minister Bhagwant Mann.
While recusing, the bench led by Justice Dipankar Datta directed that the matter be listed “NOT before Justice Nagu.”
While no proper reason was given for the recusal. It is to be noted that Justice Sheel Nagu, before being elevated to the Supreme Court was the Chief Justice of Punjab and Haryana High Court.
During the hearing, Senior Advocate Jaideep Gupta told the bench that they were not relying on the aspects being referred to.
Justice Datta responded, “I know. One doesn’t know… from where the attack will come.”
Senior Advocate Vikram Chaudhari said he understood the judge’s point, adding, “We don’t know where the attack will come from.”
Justice Datta then indicated that the matter would go to the Chief Justice of India for reassignment. “There are 17 other benches. We’ll sign the order and place it before the Chief Justice,” he said.
The matter will now be listed before a bench constituted on the Chief Justice’s administrative side, subject to the direction that it not be placed before Justice Nagu.
The plea arises from the Punjab and Haryana High Court’s direction for the CBI to register a criminal case and probe allegations of corruption connected with the office of the Punjab Chief Minister.
The Supreme Court will now consider the Punjab Government’s challenge to the High Court order on Monday.
Punjab Government had approached the Supreme Court on October 6, challenging a Punjab and Haryana High Court order directing a probe by the Central Bureau of Investigation (CBI) into allegations of corruption allegedly linked to the office of the Punjab Chief Minister.
The State has questioned the High Court's decision to entrust the investigation to the central agency and has sought relief from the Supreme Court against the direction.
The matter arises from allegations concerning alleged corrupt practices and the purported involvement of persons connected with the Chief Minister's Office. The allegations had prompted proceedings before the High Court, which ultimately directed the CBI to examine the matter.
The Punjab Government has now challenged that direction before the apex court, arguing that the High Court ought not to have transferred the matter to the CBI without sufficient justification for entrusting the investigation to an independent central agency.
The allegations are linked to the office of the incumbent Chief Minister, making the High Court's direction for a central agency investigation particularly consequential for the State government.
The Punjab Government has therefore sought the Supreme Court's consideration of the legality and propriety of the High Court's order and urged the apex court to grant appropriate relief against the CBI probe.
Case Title: State of Punjab v. Nikhil Saraf
Bench: Justices Dipankar Datta and Sheel Nagu
Hearing Date: October 9, 2026