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Synopsis

The Supreme Court today refused a request of the Punjab Government seeking to view statements made by witnesses before the Justice Indu Malhotra Committee which enquired into the security lapses which occurred during Prime Minister Narendra Modi's travel to Punjab in January 2022.

"We see no ground to entertain the request made by Punjab government. The state may conduct its enquiry without the aid of the statements made by the witnesses before the enquiry committee," observed a bench comprising Justice Surya Kant and Justice Ujjal Bhuyan.

In January 2022, a Supreme Court bench headed by then CJI NV Ramana had appointed Justice (Retired) Indu Malhotra as chairperson on the court-appointed committee to look into the Prime Minister’s security breach issue. The Committee was also to consist of DG of Police (Chandigarh), Additional DGP (Punjab) along with the  Registrar General (Punjab and Haryana High Court) and an NIA official.

On January 7, 2022, Top Court had asked the committees constituted by the State of Punjab and the Centre looking into the recent security breach of the Prime Minister's convoy heading to Punjab to hold operations.

Notably, a plea was filed before the top court stating that "as per reliable reports in the print and the electronic media, and as per the Press Information Bureau report of Central Government, was clearly intentional and raises a serious question as to national security and the role played by the present political dispensation in the State of Punjab."

It further stated that the, "situation wherein a high constitutional functionary is stranded on a flyover is an extremely high security threat considering the vulnerability and the degree of planning and protection required for the office of the Prime Minister."

Allegedly the Chief Secretary, State of Punjab and Director General of Police had given assurances to Special Protection Group, that the route is clear, and it was found that the same was not true resulting in a precarious situation.

The plea has further alleged, "what was shocking and alarming on many levels was that local Police personnel on the spot were seen to be participating with the hooligans who jeopardised the security of the Prime Minister."

The plea has sought suspension of the Chief Secretary to the Government of Punjab Anirudh Tiwari and Director General of Police Sidharth Chattopadyaya while directing the Central Government to conduct an departmental action against same.

Case Title: Lawyers Voice vs. Union of India