PM Modi Security Lapse: Apex Court Directs Punjab and Haryana High Court Registrar General to Secure Records from State Police and Central Agencies

(Judicial Quest News Network)

The Apex court on Friday heard a petition seeking a through probe into the security lapse during the prime minister Modi’s visit to Punjab on Wednesday, January 5, during which a security lapse occurred when a group of protesters blocked the PM’s cavalcade.

The plea was filed by a BGO Lawyers Voice.

A Bench comprising of the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli was hearing the petition,

The petitioners sought a court monitored probe into the security lapse which happened when Prime Minister was travelling from Bathinda to National Martyrs Memorial in Hussainwala.PM’s convoy was stuck for 15-20 minutes on the flyover due to a road blockade by some protestors.

The Apex Court directed the Registrar General of Punjab & Haryana High Court to ensure that all the records and materials pertaining to the prime minister’s Movements be immediately secured in the custody.

Senior Advocate Maninder Singh, appearing for NGO Lawyers voice told the Supreme Court bench that this is not a law-and-order issue but it falls under the Special Protection Group Act. It’s just now about law and order in the state.Please see section 14 of SPG Act.

Under this Act, it is not a state subject of law and order. It’s a national Security issue. Also, the fact, remains, in this trip, when PM Modi had to go to Ferozepur there was an impermissible stoppage of 20 minutes! All of us had to join heads together, this can’t happen again, Singh Submitted.

He urged that the investigation cannot be done by the state. Referring to the Committee constituted by the State of Punjab to probe into the incident. There should be a probe by a National Investigation agency like NIA under the monitoring of the Court.

He continued “The need of the hour is that all documents pertaining to the entire trip (of PM Modi) from Bhatinda to Firozpur and Hussainwala be taken into custody by the district magistrate in co-operation with NIA.

He further asked the court to conduct the investigation with evidence protected.

Solicitor General Tushar Mehta told the Supreme Court that Punjab Government cannot investigate the case, he further said that the banned organization of the Sikhs for Justice made a public call for action against the PM during his Punjab visit.

He termed it as an incident of International Terrorism.

SG Mehta further argued that the inquiry into the PM’s security breach case cannot be investigated by state inquiry committee. “The committee ought not to have been constituted by the state. It’s a deliberate attempt to over reach the judicial process.SG Mehta said adding that the presence of an NIA officer is absolutely necessary.

SG Mehta further contended that whenever PM’s cavalcade moves the DG of the concerned state is to be consulted first & only when he clears PM’S cavalcade moves. Here, the in charge gave that signal. He did not say there was a blockage. Though local police were very much there enjoying tea according to videos, they did not inform that there is a blockade. Now imagine, the motorcade is on flyover with protectee, there are trucks and tractors blocking. Serious mishap could have happened. It would have been a subject of international embarrassment.

He also referred to the videos of the event uploaded by a banned terrorist organization “Sikh for Justice” and hinted that there could be an angle of “cross border-terrorism”

The Punjab Government constituted a committee to investigate the matter after the petition was filed in the Supreme Court and it was an “afterthought “and an “attempt to over reach the Court “the SG added.

He said that one of the members of the Committee is the Home Secretary, who himself could be under the scanner.

SG also said that SPG-IG can be removed from the committee

Punjab Advocate General DS Patwalia.

 Has submitted that the Government is not taking the issue lightly.

The state is not taking the issue lightly, there has been a lapse somewhere, and state is doing everything to look into it. He informed that FIR has been registeredafter taking Cognizance of the incident.

He submitted that he was not objecting to the Court ordering an investigation or appointing a person to monitor the probe.

He further said that one of the officers of Centre’s Committee is Suresh, he was responsible for overall security, our contention is he can’t be a part of the committee too. I am not joining issue on anything; we want it to be investigated.

The Detailed Contentions of Petition

The petition has urged the Apex Court to

Take cognizance of the serious and deliberate lapse on part of the State of Punjab, its Chief Secretary and Director General of Police concerning the security and the movement of the Prime Minister of the country.

It also sought a direction to the Direct the Ld. District Judge, Bhatinda, to collect all official documents and materials from all possible sources pertaining to the movements and deployment of Punjab Police in connection with the visit at the earliest and produce the same before this

Hon’ble Court.

It further asked for the direction fixing responsibility of the State of Punjab, its Chief Secretary and Director General of Police and place them under suspension and further direct the Respondent No. 4 to initiate departmental action against the same.

The plea also seeks the suspension of Punjab Chief Secretary Anirudh Tewari and Director General of Police Sidharth Chatopadhyaya.

The petitioners also seek “That that petitioner is raising a significant issue regarding lapse in the security of the Prime Minister in the nature of public interest litigation and praying interalia to take cognizance of the deliberate and serious lapse in the security of the prime minister, direct the Ld. District Judge Bhatinda to collect, preserve and present all material

pertaining to the movement and deployment of Punjab police in connection with the visit of the prime minister, fix responsibility of the DGP and the Chief Secretary, State of Punjab and place them under suspension and direct Union of India to initiate departmental action against the same.

The pleas submitted that the overall responsibility for ensuring the safety of the Prime Minster rests with the State Government and the responsibility for providing proximate security will rest with the Special Protection Group (SPG) as per the SPG Act 1988. On the contrary, 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.

Earlier the Punjab Government had constituted a two-member high level committee to conduct a through probe into the security lapse. The Committee will have former Chief Justice of Punjab & Haryana High Court Justice Mehtab Singh Gill, and Principal Secretary home affairs & Justice, Government of Punjab Anurag Verma as its members.

[Read Order]