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2022 Supreme(SC) 26
SUPREME COURT OF INDIA
N.V. RAMANA, CJI., SURYA KANT, HIMA KOHLI, JJ.
Lawyers Voice – Petitioner
Versus
The State of Punjab and Others – Respondents
Writ Petition (Civil) No. 13 of 2022
Decided On : 12-01-2022
Advocate Appeared:
For the Petitioner(s): Mr. Maninder Singh, Adv. Mr. Prabhas Bajaj, Adv. Mr. Pranav Saigal, Adv. Ms. Ashita Chawala, Adv. Mr. Sandeep Singh, AOR
For the State of Punjab : Mr. D.S. Patwalia, AG Mr. Sehaj Bir Singh, DAG Mr. Kannan Malik, AAG Mrs. Jaspreet Gogia, AOR
For the UOI : Mr. Tushar Mehta, SG Mr. K.M. Nataraj, ASG Mr. Rajat Nair, Adv. Mr. Kanu Agrawal, Adv. Mr. Arvind Kumar sharma, AOR
For the Intervenor : Mr. S. Charanjeet Singh Chanderpal,Adv. Mr. Anil Kumar, AOR
For the Intervenor : Mr. Vipin Kumar Saxena, Adv. Mr. Amit, Adv. Mr. Mukesh Kumar Singh, Adv. Mr. Maneesh Saxena, Adv. For M/s.Mukesh Kr. Singh & Co, AOR,
IMPORTANT POINT
There can be no laxity in the matter of security of Prime Minister of India.
Headnote:
Constitution of India – Article 32 – Special Protection Group Act, 1988 – Security breach of Prime Minister in Punjab – Given seriousness of subject matter, and need to ensure a thorough investigation into alleged lapses by security apparatus, matter was taken up – In compliance to Order passed by Apex Court on 7-1-2022, relevant records have been received, seized, and secured – Same have been sealed and placed in custody of Punjab and Haryana High Court – State of Punjab has constituted a Committee to carry out a thorough probe into lapses that occurred during Firozpur visit of Prime Minister – Committee comprised of a Former Judge of Punjab and Haryana High Court and Principal Secretary, Home Affairs and Justice, Government of Punjab – Show cause notices required officers to respond within 24 hours as to why disciplinary action under All India Services (Discipline and Appeal) Rules, 1969 should not be initiated against them for their omissions and Commissions – Legislative scheme of the Act is quite comprehensive with respect to ensuring proximate security of Prime Minister, or a former Prime Minister, or their family members, as the case may be – Blue Book contains unambiguous and detailed procedure to be observed by State Authorities and Special Protection Group to ensure full safety and security of Prime Minister while he is touring a State – Additional object is to avoid any human error, negligence or any willful omission or commission which may hamper and/or expose safety and security of Executive Head of nation while he is travelling in a particular State – Any lapse in this regard can lead to devastating and serious consequences – Not only are Officer(s)/Authority responsible for lapse liable to be identified, but there is also greater urgency to evolve new measures that may ensure there is no recurrence of such lapses in future – A judicially trained independent mind, duly assisted by officers who are well acquainted with security considerations and Registrar General of High Court who has seized record pursuant to earlier order, would be best placed to effectively visit all issues and submit a comprehensive report for consideration of this Court – It is appropriate to appoint an Enquiry Committee comprising Justice Indu Malhotra, a former Judge of the Supreme Court of India-Chairperson; ii. Director General or his nominee not below the rank of Inspector General of Police of National Investigation Agency-Member; iii. Director General of Police, Union Territory of Chandigarh-Member; iv. Additional Director General of Police (Security), State of Punjab-Member; v. Registrar General, Punjab and Haryana High Court-Member-cum-Coordinator – Terms of Reference for Enquiry Committee delineated – Enquiry Committee requested to submit its report at the earliest. (Paras 4 to 15)
Facts of the case:
Present Writ Petition arises out of the incident dated 5.01.2021 wherein on a visit to Hussainiwala, District Firozpur, State of Punjab the convoy of the Prime Minister was stuck on a flyover for around 20 minutes. Petitioner, an NGO which purports to work for advocates across the country and takes up causes that are in public interest, therefore, seeks that this Court take cognizance of the incident. Petitioner contends that the incident constitutes a very grave security breach that could have had significant repercussions as it impacts the safety of the Hon’ble Prime Minister.
Findings of Court:
Till conclusion of the proceedings of the Enquiry Committee constituted above, the enquiries ordered by the Central Government and the State Government shall be kept in abeyance.
Result : Matter Listed for next hearing.
ORDER :
1. The present Writ Petition arises out of the incident dated 5.01.2021 wherein on a visit to Hussainiwala, District Firozpur, State of Punjab the convoy of the Prime Minister was stuck on a flyover for around 20 minutes.
2. Petitioner, an NGO which purports to work for advocates across the country and takes up causes that are in public interest, therefore, seeks that this Court take cognizance of the above incident and has prayed for the following directions:
“(a) Take cognizance of the serious and deliberate lapse on part of the Respondent Nos. 1, 2 and 3 concerning the security and the movement of the Prime Minister of the country.
(b) Direct the learned 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.
(c) Issue a writ of mandamus or any other writ, order or direction fixing responsibility of the Respondent No. 2 and Respondent No. 3 and place them under suspension and further direct the Respondent No. 4 to initiate departmental action against the same.
(d) Please to issue any other writ or directions or orders as the Hon’ble Court may deem fit and proper in view of the facts and circumstances of the case and in the interest of justice.”
3. Petitioner contends that the incident constitutes a very grave security breach that could have had significant repercussions as it impacts the safety of the Hon’ble Prime Minister.
4. Given the seriousness of the subject matter, and the need to ensure a thorough investigation into the alleged lapses by the security apparatus, we took up the matter on the 07th January, 2022 when we heard Mr. Maninder Singh, Senior Advocate on behalf of the petitioner and Mr. Tushar Mehta, learned Solicitor General on behalf of Union of India and Mr. D.S. Patwalia, learned Advocate General for the State of Punjab. This Court, thus, passed the following order:
“(1) Heard learned senior counsel Mr. Maninder Singh on behalf of the Petitioner, the learned Solicitor General, Mr. Tushar Mehta, and the learned Advocate General for the State of Punjab, Mr. D.S. Patwalia.
(2) Taking into consideration the arguments advanced by the parties with respect to the issues relating to the security of W.P. (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 Ministers 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.”
5. In deference to the abovestated order, a compliance report has been submitted wherein it has been stated that the relevant records have been received, seized,
