The recent security lapse incident during the Prime Minister’s visit to Punjab has led to a detailed legal analysis by the court regarding the responsibilities and causes of the breach. The formation of an Enquiry Committee headed by former Supreme Court Judge Justice Indu Malhotra signifies a serious approach towards investigating the lapses and ensuring accountability. Stay updated with the legal developments surrounding the case for insights into improving safety and security protocols.
Facts
- Petitioner seeks Court’s cognizance of an incident where the Prime Minister’s convoy was stuck on a flyover in Punjab.
- Petitioner requests directions to investigate the security lapse and hold respondents accountable.
- Preliminary hearing held with senior advocates representing petitioner, Union of India, and State of Punjab.
- Order passed to preserve records of the Prime Minister’s visit to Punjab on 5th January 2022.
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Arguments
- The petitioner’s submission highlights the need to identify the responsible officers for the security lapse and implement new measures to prevent such lapses in the future.
- The Advocate General of the State of Punjab argues that the Ministry of Home Affairs has already deemed the officers of the Government of Punjab ‘guilty’ of negligence regarding the Prime Minister’s security.
- There is a dispute regarding the State Government’s involvement in the security breach, with allegations of a smear campaign against the government.
- The constitution of an Enquiry Committee by the State is seen as an attempt to judge its own cause in light of the security lapses.
- The Government of India has issued show cause notices to various functionaries of the State of Punjab, including the Chief Secretary and Director General of Police, for their omissions and commissions in the security breach.
- The learned Advocate General for the State of Punjab expressed willingness for an independent enquiry.
- The learned Solicitor General supported the Petitioner’s submission for a detailed independent inquiry.
- The legislative scheme of the Special Protection Group Act, 1988 is comprehensive in ensuring security for the Prime Minister or former Prime Ministers.
- The State is willing to have an independent enquiry of the matter as offered by the learned Advocate General.
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Analysis
- The Director General of Police, Union Territory of Chandigarh and an officer of the National Investigation Agency, not below the rank of Inspector General, are directed to secure and seize the records from State police and Central agencies.
- The State Government of Punjab, including police authorities, the Special Protection Group, and other Central/State agencies, are directed to cooperate and provide necessary assistance in securing and seizing the records.
- The Registrar General, Punjab and Haryana High Court, is directed to keep the records in safe custody temporarily.
- The Registry is instructed to send a copy of this order to the Registrar General, Punjab and Haryana High Court, Director General of Police, Union Territory of Chandigarh, Director General of the National Investigation Agency, and the Principal Secretary, Home, State of Punjab.
- The Blue Book provides a detailed procedure for ensuring the safety of the Prime Minister during State visits
- A Committee in Punjab has been formed to investigate the security lapses during the Prime Minister’s visit to Firozpur
- Records related to the lapses have been secured and placed in the custody of the Punjab and Haryana High Court
- Both the State and Central Government are blaming each other for the lapses, but a blame game is not a solution
- Any lapse in the security of the Prime Minister can have serious consequences and impair the need for a robust security mechanism
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Decision
- An Enquiry Committee has been constituted to investigate the security breach incident on 5 January 2022 involving the Hon’ble Prime Minister or other Protectees.
- The Enquiry Committee will determine the causes and responsibilities for the breach, along with recommendations for improving safety and security.
- Justice Indu Malhotra, a former Supreme Court Judge, will serve as the Chairperson of the Enquiry Committee.
- The Committee will be provided with necessary support and resources to complete the investigation promptly.
Case Title: LAWYERS VOICE Vs. THE STATE OF PUNJAB (2022 INSC 43)
Case Number: W.P.(C) No.-000013 / 2022
