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2022 Supreme(SC) 1594

SUPREME COURT OF INDIA
Surya Kant, Hima Kohli, JJ.
Lawyers Voice – Appellant
Versus
The State of Punjab & Ors. – Respondents
Writ Petition(s)(Civil) No(s). 13 of 2022
Decided On : 25-08-2022

Advocates appeared:
Mr. Maninder Singh, Sr.Advocate, Mr. Pranav Saigal, Advocate, Mr. Prabhas Bajaj, Advocate, Mr. Sandeep Singh, Advocate, For the Appellant / Mr. Tushar Mehta, SG, Mr. K.M. Nataraj, ASG, Mr. Rajat Nair, Advocate, Mr. Kanu Agrawal, Advocate, Ms. Jaspreet Gogia, Advocate, Mr. Ajay Pal, Advocate, Mr. Varinder Kumar Sharma, Advocate, Mr. Parul Sharma, Advocate, Mr. Shantanu Sharma, Advocate, Mr. Yugal Kishore Prasad, Advocate, For the Respondent.

The court's authority to constitute an Enquiry Committee and take action based on its findings.

Headnote:

Enquiry Committee - Security Breach - The court constituted an Enquiry Committee to investigate the alleged breach of security during the Prime Minister's scheduled tour, and directed the Registry to send a copy of the Report to the Central Government and the State Government for further action.

Fact of the Case:

An Enquiry Committee was constituted to investigate the alleged breach of security during the Prime Minister's scheduled tour. The Committee submitted its Report in a sealed cover, which was read out in the Court and then re-sealed for safe custody.

Finding of the Court:

The Court directed the Registry to send a copy of the Report to the Central Government and the State Government for further action, and disposed of the Writ Petition and pending interlocutory applications.

Issues:

Ratio Decidendi:

Final Decision: The Writ Petition and pending interlocutory applications were disposed of, and the Registry was directed to send a copy of the Report to the Central Government and the State Government for further action.

ORDER

1. Vide order dated 12.01.2022, an Enquiry Committee headed by Justice Indu Malhotra, a former Judge of the Supreme Court of India was constituted to enquire about the alleged breach of security during Hon'ble Prime Minister's scheduled tour of Punjab on 05th January 2022.

2. In compliance of the said order, the said Committee has submitted its Report in a sealed cover. The sealed cover was opened in the Court and we read out some recommendations made in the said Report. Thereafter, the Report was re-sealed and kept in the safe custody of the Secretary General of this Court, who shall make it available as and when required by the Court.

3. We direct the Registry to send a copy of the Report to the Central Government and the State Government for further action. Accordingly, this Writ Petition is disposed of.

4. As a sequel to the above, pending interlocutory applications also stand disposed of.

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