Supreme Court appoint Enquiry Committee over PM Modi's security lapse in Punjab rally on 5th January.

 

The Supreme Court of India recommended for the detailed independent enquiry that led the serious breach of  security that resulted the convoy of Prime Minister, Narendra Modi stuck on the flyover in Firozpur in the State of Punjab. the Court agreed the submissions of the Petitioner, supported by the Learned Solicitor General of India 

The Court therefore, keeping in view the submissions of the respective parties, thought it fit to  constitute an  Enquiry Committee having a judicially trained independent mind, who will be assisted by officers who are well acquainted with the security considerations and the Registrar General of the High Court who shall submit the report for the causes for the breach of security at the earliest

The Court deemed it appropriate to appoint a Enquiry Committee comprising of the following 

1.    Justice Indu Malhotra, a former Judge of the Supreme Court of India as Chairperson

2.    Director General or his nominee not below the rank of Inspector Genral of Police of National Investigation Agency, Director General of Police, Union Territory of Chandigarh, Additional Director General of Police (Security), State of Punjab as Member

3.    Registrar General, Punjab and Haryana High Court as Member cum Coordinator.

            On the  5^th of January, the convoy of Prime minister was stranded on a flyover for over 15 minutes as farm protesters blocked his way to the national Martyrs memorial at the Hussainiwala border with Pakistan. The Ministry of Home Affairs, for the sake of taking cognizance of this serious security lapse had sought a detailed report from the Punjab government and had asked it to fix responsibility for this lapse and take strict action.

            To ensure a thorough investigation into the alleged lapses by the security apparatus, the matter was taken up by the Supreme Court of India on the petition by Petitioner, an NGO who works for advocates across the country and takes up causes that are public interest. Mr Maninder Singh, Senior Advocate on behalf of the petitioner contended that the said incident constitutes a very grave security breach that could have had significant repercussions as it impacts the safety of the Hon’ble Prime Minister.

            On the earlier date, i.e on 7^th January, the Court had passed the following order:

“2.      Taking into consideration the arguments advanced by the parties with respect to the issues relating to the security of WP(C)No.13/2022 the Hon’ble Prime Minister and other related issues raised by them, we

deem it appropriate for the time being to direct the Registrar General, Punjab and Haryana High Court to secure and preserve the records relating to the Hon’ble Prime Minister’s scheduled tour of Punjab on 05th January 2022.

3. We direct the Director General of Police, Union Territory of Chandigarh and an officer of the National Investigation Agency, not below the rank of Inspector General, to be nominated by the Director General, National Investigation Agency to assist the Registrar General, Punjab and Haryana High Court to forthwith secure and seize the records from the State police as well as Central agencies.

4. We further direct the State Government of Punjab, including the police authorities, the Special Protection Group and any other Central/State agencies to cooperate and to provide necessary assistance in securing and seizing the records.

5. We direct the Registrar General, Punjab and Haryana High Court to keep the records in his safe custody for the time being.

6. The Registry is directed to forward a copy of this order electronically, forthwith, to the Registrar General, Punjab and Haryana High Court, the Director General of Police, Union Territory of Chandigarh, the Director General, National Investigation Agency and the Principal Secretary, Home, State of Punjab.”

The Learned Counsels referred to the provisions of the Special Protection Group Act, 1988 as well as the content of Blue Book. The Act is for ensuring proximate security of the Prime Minister, or a former Prime Minister or their family members, as the case may be. The Blue Book contains an unambiguous and detailed procedure to be observed by the State Authorities and the Special Protection Group to ensure full safety and security of the Prime Minister while he is touring a State. The object is to avoid any human error, negligence or any willful omission or commission which may hamper and/or expose the safety and security of the Executive Head of the nation while he is travelling a particular State. Any lapse in the safety security can lead to devastating and serious consequence.

   On the basis of the submissions put forth by the Senior Counsel of the Petitioner,  the Supreme Court also expressed greater urgency  to evolve  new measures that may ensure there is no recurrence of such lapses in the future.

Coram:

CJI N.V. Ramana, Justice Surya Kant and Justice Hima Kohli

Case: Lawyers Voice versus The State of Punjab and Haryana & Others ( W.P) no. 13 of 2022