SC appoints Enquiry Committee to probe into PM’s security breach; says blame game between State & Central Government for such lapses is no solution

Read Judgment: LAWYERS VOICE v. THE STATE OF PUNJAB & OTHERS 

Tulip Kanth

New Delhi, January 13, 2022: An Enquiry Committee headed by former Justice Indu Malhotra has been appointed to probe into a grave security breach that could have had significant repercussions as it impacted the safety of the Prime Minister of the Nation.

The Larger Bench comprising Justice N.V.Ramana, Justice Surya Kant and Justice Hima Kohli observed that there is a blame game between the State and Central Government as to who is responsible for such lapses and war of words between them is no solution. 

The Writ Petition, in this matter, arose out of the incident dated January 5, 2022 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.

On a previous occasion, it was brought to the Court’s notice that the State of Punjab had constituted a Committee to carry out a thorough probe into the lapses that occurred during the Firozpur visit of the Prime Minister. 

The petitioner in this case being an NGO working for advocates across the country and taking up causes that are in public interest, therefore, sought that this Court took cognizance of the above incident.

From the petitioner’s side it was vehemently contended that the incident constituted a very grave security breach.Not only this, but it was also argued that since lapses in the breach of security of the Prime Minister were being seriously attributed to the authorities of the State of Punjab, the constitution of an Enquiry Committee by the State was nothing but an abortive attempt to become a Judge in its own cause.

The Advocate General for the State of Punjab urged that the Ministry of Home Affairs, Government of India had, in a way, already held the officers of Government of Punjab guilty of the alleged negligence and/or breach of security of the Prime Minister. 

It was also stated that none of the agencies of the State Government had committed a dereliction of their responsibility for the security and safety of the Prime Minister, yet there had been a smear campaign to discredit the State Government. All the same, the Advocate General for the State fairly offered that the State was more than willing to have an independent enquiry of the matter.

While referring to the Special Protection Group Act, 1988, the Bench was of the view that the legislative scheme of the Act is quite comprehensive with respect to ensuring proximate security of the Prime Minister, or a former Prime Minister, or their family members, as the case may be.

The Bench said, “The Blue Book contains an unambiguous and detailed procedure to be observed by the State Authorities and the Special Protection Group (for short, SPG) to ensure full safety and security of the Prime Minister while he is touring a State. The additional object is to avoid any human error, negligence or any willful omission or commission which may hamper and/or expose the safety and security of the Executive Head of the nation while he is traveling in a particular State. Any lapse in this regard can lead to devastating and serious consequences.”

The Bench found merit in the submission of senior counsel for the petitioner that not only are the Officer(s)/Authority responsible for the above-stated lapse liable to be identified, but there is also a greater urgency to evolve new measures that may ensure there is no recurrence of such lapses in the future.

Therefore, the Apex Court directed that an Enquiry Committee be appointed which would comprise of Justice Indu Malhotra, a former Judge of the Supreme Court of India acting as Chairperson;Director General or his nominee not below the rank of Inspector General of Police of National Investigation Agency; Director General of Police, Union Territory of Chandigarh and Additional Director General of Police (Security), State of Punjab acting as Members as well as Registrar General, Punjab and Haryana High Court acting as Member-cum-Coordinator.

The Terms of Reference for the Enquiry Committee to look into will include various aspects such as the causes for the security breach for the incident on January 5,2022, who is to be held responsible for such a breach and to what extent, remedial measures or safeguards necessary for the security of the Prime Minister or other Protectees, suggestions or recommendations for improving the safety and security of other Constitutional functionaries and any other incidental issue that the Committee may deem fit and proper.