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In light of the recent breach of security of the Prime Minister, a plea has been filed in the Delhi High Court seeking appropriate directions for declaring that under Section 14 of the Special Protection Group Act, 1988 all the authorities be it civil or military, state, central or local act as per the directions or under superintendence of the Director or any other member of the Special Protection Group in all matters of the Prime Minister and his immediate family members' security, while discharging their duties/ functions in terms of Special Protection Group Act,1988.

The plea states that it is directed towards ensuring safety of the citizens of India at large, including that of the Prime Minister and further "seeks to protect the 'national security' of this country," in view of the recent "fatal lapse in the security of the Hon'ble Prime Minister", which the plea states has, inter alia, as per the reports in the media "appears to have happened because of the lackadaisical approach of the Govt. of Punjab in ensuring his safety and security during his recent visit to the state."

The incident in question is of when during his recent visit to the border state of Punjab the "Prime Minister's convoy was stuck and was made to wait on a flyover for more than 20 minutes, thereby, exposing and putting his life at risk to a terrorist attack."

Citing past instances of assassinations of Prime Ministers of the country, the plea states that these incidents risk not just the life of the Prime Minister but also place in a precarious position, the country's national security.

"Whereas, this country has already seen and experienced the consequences of such fatal lapses, more so, when two of our former Prime Ministers were assassinated, as a consequence of such security lapses, thereby, posing a great threat to the National Security of this country," the plea states.

Relying on media reports, the plea highlights that "the confidential route of the Prime Minister was also leaked, thereby, putting him and the life of the common citizens at risk, which, inter-alia, is also violative of Article 21 of the Constitution of India."

The plea states that this conduct of the Govt. of Punjab and the police officials of the state was in violation of the dictum laid down by the Supreme Court in the case of "Commissioner of Police Delhi and Ors versus Registrar, Delhi High Court, New Delhi'' 1996 6 SCC 232.

In this backdrop, the plea seeks for all the authorities be it civil, or military, state, or central, to act as per the directions or under superintendence of the Director or any member of the Special Protection Group, whenever directed/called upon for ensuring the Prime Minister's security, as it states that Section 14 of the SPG Act, 1988 in its present form lacks the teeth to ensure the absolute proximate security/protection to the Prime Minister of India.

Cause Title: Ashish Kumar vs UOI