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Supreme Court orders retrial after Justice Nagu recusal

By Drooid · Oct 10, 2026, 10:24 AM UTC · How we work

Summary

Justice Nagu Recuses

Justice Sheel Nagu recused himself from hearing Punjab government's appeal against the High Court CBI probe order.
Justice Dipankar Datta barred Nagu because he previously served as Punjab and Haryana High Court chief justice.
Senior advocate Jaideep Gupta said Punjab does not rely on judgments Nagu handled earlier.
The bench directed re-listing before another bench, noting 17 other Supreme Court benches exist.

Summary

CBI Files FIR

The CBI filed a 251-page FIR naming OSD Rajbir Ghuman and five others.
CBI posted a summons on Ghuman’s residence after he missed a scheduled appearance.
Searches at eight Punjab locations seized laptops, mobile phones and documents.
Opposition leader Partap Singh Bajwa urged the Home Ministry to issue look-out circulars for the accused.
BJP’s Tarun Chugh demanded a probe into the delayed FIR and asked CM Mann for answers.

History

Historical Context

India’s 1993 Supreme Court Bar Association v. Union of India decision, delivered by a five-judge bench led by Chief Justice M.N. Venkatachaliah, imposed a 100 percent conflict-of-interest bar on judges hearing cases they previously oversaw. The rule now underpins Sheel Nagu’s recusal and the CBI FIR against Rajbir Ghuman, prompting senior advocates Datta and Bajwa to demand strict compliance.

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Justice Nagu Recuses

Justice Sheel Nagu recused himself from hearing Punjab government's appeal against the High Court CBI probe order.
Justice Dipankar Datta barred Nagu because he previously served as Punjab and Haryana High Court chief justice.
Senior advocate Jaideep Gupta said Punjab does not rely on judgments Nagu handled earlier.
The bench directed re-listing before another bench, noting 17 other Supreme Court benches exist.

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