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2022 Supreme(SC) 171
SUPREME COURT OF INDIA
SURYA KANT, MS. HIMA KOHLI, J.
Lawyers Voice - Appellant
Versus
The State Of Punjab & Ors. - Respondents
Writ Petition(s)(Civil) No(s).13 of 2022 (FOR ADMISSION and IA No.2927 of 2022-EXEMPTION FROM FILING AFFIDAVIT[TO BE TAKEN UP AS FIRST ITEM])
Decided on : 07-01-2022
Advocate Appeared:
For the Appellant : Mr. Maninder Singh, Mr. Sandeep Singh, AOR
For the Respondent: Mr. Tushar Mehta, Mr. Rajat Nair, Mr. Kanu Agrawal, Mr. Arvind Kumar Sharma, Mr. D.S. Patwalia, Mr. Sehaj Bir Singh, Mrs. Jaspreet Gogia, Mr. Amit, Mr. Mukesh Kumar Singh, Mr. Maneesh Saxena, Adv., For M/s Mukesh Kumar Singh & Co., AOR
The main legal principle established is the court's authority to direct the preservation and securing of records in matters related to the security of high-ranking officials.
Headnote:
Security - Preservation of Records - The court directed the preservation and securing of records relating to the Hon’ble Prime Minister’s scheduled tour of Punjab on 05th January 2022, considering the issues relating to the security of the Prime Minister.
Fact of the Case:
The court heard arguments regarding the security of the Hon’ble Prime Minister and related issues, and directed the preservation and securing of records relating to the Prime Minister’s scheduled tour of Punjab on 05th January 2022.
Finding of the Court:
The court found it appropriate to direct the Registrar General, Punjab and Haryana High Court to secure and preserve the records, and also directed the Director General of Police, Union Territory of Chandigarh and an officer of the National Investigation Agency to assist in securing and seizing the records.
Issues: The issues related to the security of the Hon’ble Prime Minister and other related issues raised by the parties.
Ratio Decidendi: The court's decision was influenced by the need to ensure the security of the Prime Minister and the importance of preserving and securing records related to the Prime Minister’s scheduled tour.
Final Decision: The court directed the preservation and securing of records and set the next hearing for 10.01.2022.
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 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.
7. List on 10.01.2022.
