Supreme Court tells Punjab and Haryana High Court Registrar-General to secure all record on PM's 'security breach'

Satya Prakash

Tribune News Service

New Delhi, January 7

Amid raging controversy over the security lapse during Prime Minister Narendra Modi’s Punjab visit, the Supreme Court on Friday ordered the Registrar-General of the Punjab and Haryana High Court to secure and preserve forthwith all records relating to the visit that had to be called off.

“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,” a Bench led by CJI NV Ramana ordered.

It directed the Punjab Government, police authorities, the SPG and other Central and state agencies to give necessary assistance to the Registrar-General “in securing and seizing the records.”

While ordering transmission of its order electronically to all concerned, the top court directed the Registrar-General, Punjab and Haryana High Court to keep the records in his safe custody for the time being.

The order came on a petition filed by Lawyer’s Voice seeking a thorough probe into the lapse in the Prime Minister’s security during his visit to Punjab.

The security breach happened on Wednesday when Modi was on his way to address a BJP rally and his cavalcade had to take a U-turn after some protesters blocked his way. The Prime Minister was reportedly stuck on a flyover for around 20 minutes.

The Bench, which also included Justice Surya Kant and Justice Hima Kohli, asked the committees set up by the Centre and Punjab not to go ahead with their respective inquiry for the time being and posted the matter for hearing on Monday. “We are not including this in our order, but ask both the committees to hold their operations till Monday,” the CJI said.

Solicitor General Tushar Mehta clarified that the Centre’s committee was not meant to punish any officer from Punjab and that it was only for ascertaining as to why and how the security lapse happened.

As Mehta termed it an issue of grave concern that has led to an international embarrassment, Punjab Advocate-General DS Patwalia said certainly there was a lapse and the State didn’t want to join the issue with the Centre or the petitioners.

He, however, said both the Centre and the State committees should hold their horses till Monday. “We can proceed according to the directions of this court,” Patwalia said.

Agreeing that it was a matter of grave concern, Patwalia said the state took it seriously and immediately set up a committee to look into it.

“Mr Modi is our Prime Minister and even though this petition reeks of politics, we are not against it,” The Advocate-General said.

Mehta said the records must be secured first and then the top court can decide the future course of action on Monday.

Earlier, senior advocate Maninder Singh, representing the petitioners, demanded that the state’s committee should be stayed. Referring to certain statements of Sikh for Justice, he said it could be an issue of cross-border terrorism.

Under the Special Protection Group (Amendment) Act, 2019, the Centre, states and other local bodies have to act in aid of the SPG, the unit tasked with PM’s security, he said, adding there was an “impermissible stoppage of the PM’s cavalcade, and this is the highest breach”.

When Maninder Singh sought a stay on the functioning of the state’s panel citing some allegations against the panel head, Patwalia said, “If there are allegations against the judge we appointed, I cannot argue one way or another. The IG of SPG, who is a member of the Centre’s committee, was also responsible for this (security lapse) and can’t be a judge in their own case.”

Mehta suggested the SPG Inspector General can be replaced with the Union Home Secretary.

Terming it an “unacceptable” and “serious lapse” on the part of the Punjab government and the state police, the petitioners have demanded a thorough investigation into it under the supervision of the top court.

The petitioners wanted the court to pass orders to fix responsibility of the Punjab Chief Secretary and the state’s DGP and place them under suspension; and direct the Centre to initiate departmental action against them.