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A Supreme Court bench headed by Chief Justice of India NV Ramana and consisting of Justices Surya Kant and Hima Kohli today appointed Justice (Retired) Indu Malhotra as chairperson on the court-appointed committee to look into the Prime Minister’s security breach issue. The Committee shall also consist of DG of Police (Chandigarh), Additional DGP (Punjab) along with the  Registrar General (Punjab and Haryana High Court) and an NIA official.

“A judicially trained mind should look into the details,” court said.”Cannot be a one-sided inquiry,” it added.

The Registrar General of the High Court (Punjab and Haryana) will be required to submit records to Justice Malhotra at the earliest. 

The court has in its order held that the Blue Book contains an unambiguous and detailed procedure to be observed by the State Authorities and the Special Protection Group (for short, “SPG”) to ensure full safety and security of the Prime Minister while he is touring a State and any lapse in this regard can lead to devastating and serious consequences. The order further notes that while it is not necessary to elucidate on the facts and circumstances surrounding security breach of the PM, there is,  a blame game between the State and Central Government as to who is responsible for such lapses. The court notes that "War of words between them (State  of Punjab and Centre) is no solution. It may rather impair the need of a robust mechanism to respond at such a critical juncture."

Reasons for appointment of a committee:

The court therefore held that not only are the Officer(s)/Authorities responsible for the lapse are liable to be identified, but there is also a greater urgency to evolve new measures that may ensure there is no recurrence of such events in the future. The court has held that it is of the view that these questions cannot be left to be resolved through one­ sided enquiries. The court has noted that a judicially trained independent mind, duly assisted by officers who are well acquainted with the security considerations and the Registrar General of the High Court who has seized the record pursuant to our earlier order, would be best placed to effectively visit all issues and submit a comprehensive report for the consideration of this Court.  

Terms of reference of the committee:

According to the judgment of the court, the committee is to look into the following aspects

1. What were the causes for the security breach for the incident on 5th January 2022?

2. Who are responsible for such a breach, and to what extent?

3. What should be the remedial measures or safeguards necessary for the security of the Hon’ble Prime Minister or other Protectees?

4. Any suggestions or recommendations for improving the safety and security of other Constitutional functionaries.

5. Any other incidental issue that the Committee may deem fit and proper

The court has further directed the Registrar General of Punjab and Haryana High Court to hand over the records in three days. The court has further held that the State and Central committees not to proceed with their enquiry till the court appointed committee submits its conclusion. The matter will now be listed after the Committee files its report. 

 

On Monday, it had stated that it will be constituting a committee to look over the recent security breach against the Prime Minister's convoy on his way to Punjab.

On January 7, 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 till today.

The Court had directed the Registrar General of the High Court of Punjab to secure all documents related to the Prime Minister's visit to Punjab in the issue concerning the recent security breach of his convoy.

Court also directed Central and State agencies to provide necessary details and provide the Registrar General with all necessary cooperation. 

A bench of CJI NV Ramana, Justices Surya Kant & Hima Kohli ordered,

"Taking into consideration the documents advanced by the parties, for the time being, in lieu of the issue relating to the Hon'ble PM of the country, as a first step, we deem it appropriate to direct the Registrar General of HC of Punjab and Haryana to secure documents related to the Prime Minister's visit to Punjab. We direct the State of Punjab, including the SPG and other central and state agencies to cooperate and provide the necessary details and we direct the Registrar General to keep these documents safe."

The plea has stated 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."

It is alleged that 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