The court reiterated its oral advice to both the Center and the Punjab government not to proceed with their separate investigation in the matter. It also objected to the issuance of show cause notices by the Center to the Punjab Chief Secretary, the DGP and five other state officials after the apex court had already seized the matter.
The bench said it would soon pass an order to constitute an inquiry committee headed by the retired judge and comprising the DGP of Chandigarh, an Inspector General of NIA, Registrar of Punjab and Haryana HC and Additional DG (Security) Punjab.
Early on Monday, Punjab Advocate General DS Patwalia objected to the show cause notice issued by the Home Ministry and the setting up of a committee and asked the officials to reply within 24 hours as to why disciplinary action should not be taken against them. Alleged lapse due to security breach.
The AG of Punjab said, “The MHA has already declared him guilty without hearing. What is the purpose of setting up an inquiry committee in which an IG of SPG is also a member. The foregoing conclusion is that he is condemned without hearing.” Will. .” He said the state was ready for an impartial inquiry to fix accountability and accountability as it considered the security breach during the Prime Minister’s visit to be serious. “If they are guilty then hang them. But, don’t condemn them without hearing them,” he urged a bench of CJI NV Ramana and Justices Surya Kant and Hema Kohli.
solicitor General Tushar Mehta Said that the Ministry of Home Affairs constituted the committee keeping in mind the SPG Act and the blue-book for VVIP protection and to find out who are the persons responsible for the lapse when the details of the PM’s travel plan were shared with him. Was. The DGP of Punjab completely cleared for the start of PM’s convoy from Bathinda and he never informed over the wireless about the road blockade.
In a rare instance, Mehta screen-shared the provisions of the blue-book, which said, “States/UTs shall make all protective arrangements necessary for the safety and security of the Prime Minister, while the SPG shall provide the closest security to the PM.” ”
The blue-book also states, “The enforcement of these rules will be the responsibility of the Director General/Inspector General of Police of the State/UT, who will be assisted by an Inspector General/DIG (CID/Intelligence/Security) and/or Commissioner . Police in the case of cities having such commissioner.” Mehta pointed to Rule 9 of the blue-book, which states, “There has to be judicious deployment of police and proper control of the crowd by putting up barricades at road crossings and other congested stretches of the route.”
The CJI-led bench said it took serious note of the breach in PM’s security, but it did not mean that despite the central government ordering confiscation of all official documents, along with a show cause notice and an inquiry into the incident Will move forward in relation to the incident. The bench said, “The Center was not expected to give 24 hours time to the Chief Secretary and DGP of Punjab to respond to their show cause notices when the SC has already seized the matter and proposes a high level inquiry. Used to be.”
The SG said the show cause notices were issued before the Supreme Court took up the PIL filed by ‘Voice of Lawyers’ and tried to justify the Centre’s action, which was on behalf of the persons living in the loop. The only process was to identify the flaws. Were sad about PM’s route and statutory to ensure safe and smooth passage for PM’s convoy.
But the bench said the issue before the court was to inquire into the security breach and fix responsibility. “If you take disciplinary proceedings and try to fix responsibility, what is left for the court to determine,” the bench asked. The SG offered that the committee would submit a report to the SC for further action. But the bench said that neither the Center nor the state should proceed with their investigation.
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