LAWYERS VOICE versus THE STATE OF PUNJAB & OTHERS
[2022] 2 S.C.R. 673, Supreme Court of India, 2022
Outcome: Directions issued
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LAWYERS VOICE
v.
THE STATE OF PUNJAB & OTHERS
(Writ Petition (Civil) No. 13 of 2022)
JANUARY 12, 2022
[N. V RAMANA, CJI, SURYA KANT AND
HIMA KOHLI, JJ.]
Directions – Breach of Security of the Prime Minister Convoy
during his visit to Firozpur, Punjab – Enquiry committee appointed
to submit a comprehensive report of the incident for the
consideration of Supreme Court.
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No.
13 of 2022.
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
D. S. Patwalia, AG, Tushar Mehta, SG, K. M. Nataraj, ASG, Kanan
Malik, AAG, Sehaj Bir Singh, DAG, Maninder Singh, Prabhas Bajaj,
Pranav Saigal, Ms. Ashita Chawala, Sandeep Singh, Mrs. Jaspreet Gogia,
Rajat Nair, Kanu Agrawal, Arvind Kumar Sharma, S. Charanjeet Singh
Chanderpal, Anil Kumar, Vipin Kumar Saxena, Amit, Mukesh Kumar
Singh, Maneesh Saxena for M/s Mukesh Kr. Singh & Co., Advs. for the
appearing parties.
The following Order of the Court was passed:
ORDER
1. The present Writ Petition arises out of the incident dated
5.01.2022 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.
2. Petitioner, an NGO which purports to work for advocates across
the country and takes up causes that are in public interest, therefore,
seeks that this Court take cognizance of the above incident and has
prayed for the following directions:
“(a) Take cognizance of the serious and deliberate lapse on
part of the Respondent Nos. 1,2 ad 3 concerning the security
and the movement of the Prime Minister of the country; and
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(b) Direct the learned District Judge, Bhatinda, to collect all
official documents and materials from all possible sources
pertaining to the movements and deployment of Punjab Police
in connection with the visit at the earliest and produce the
same before this Hon’ble Court; and
(c) Issue a writ of mandamus or any other writ, order or
direction fixing responsibility of the Respondent No. 2 and
Respondent No. 3 and place them under suspension and
further direct the Respondent No. 4 to initiate departmental
action against the same;
(d) Please to issue any other writ or directions(s) or orders(s)
as the Hon’ble Court may deem fit and proper in view of the
facts and circumstances of the case and in the interest of
justice.”
3. Petitioner contends that the incident constitutes a very grave
security breach that could have had significant repercussions as it impacts
the safety of the Hon’ble Prime Minister.
4. Given the seriousness of the subject matter, and the need to
ensure a thorough investigation into the alleged lapses by the security
apparatus, we took up the matter on the 07th January, 2022 when we
heard Mr. Maninder Singh, Senior Advocate on behalf of the petitioner
and Mr. Tushar Mehta, learned Solicitor General on behalf of Union of
India and Mr. D.S. Patwalia, learned Advocate General for the State of
Punjab. This Court, thus, passed the following order:
“1. Heard learned senior counsel Mr. Maninder Singh on
behalf of the Petitioner, the learned Solicitor General, Mr.
Tushar Mehta, and the learned Advocate General for the State
of Punjab, Mr. D.S. Patwalia.
2. Taking into consideration the arguments advanced by the
parties with respect to the issues relating to the security of
WP(C)No.13/2022 the Hon’ble Prime Minister and other
related issues raised by them, we deem it appropriate for the
time being to direct the Registrar General, Punjab and
Haryana High Court to secure and preserve the records
relating to the Hon’ble Prime Minister’s scheduled tour of
Punjab on 05th January 2022.
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3. 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.
4. We further direct the State Government of Punjab, including
the police authorities, the Special Protection Group and any
other Central/State agencies to cooperate and to provide
necessary assistance in securing and seizing the records.
5. We direct the Registrar General, Punjab and Haryana High
Court to keep the records in his safe custody for the time
being.
6. The Registry is directed to forward a copy of this order
electronically, forthwith, to the Registrar General, Punjab and
Haryana High Court, the Director General of Police, Union
Territory of Chandigarh, the Director General, National
Investigation Agency and the Principal Secretary, Home, State
of Punjab.
XXXXXX XXX”
5. Indeference to the above-stated order, a compliance report has
been submitted wherein it has been stated that the relevant records have
been received, seized, and secured. The same have been sealed and
placed in the custody of the Punjab and Haryana High Court.
6. On the previous date of hearing, it was also brought to our
notice that the State of Punjab has constituted a Committee to
carry out
a thorough probe into the lapses that occurred during the Firozpur visit
of the Hon’ble Prime Minister. The Committee comprised of a Former
Judge of the Punjab and Haryana High Court and Principal Secretary,
Home Affairs and Justice, Government of Punjab. It was urged on behalf
of learned Senior Counsel for the petitioner that since lapses in the breach
of security of the Hon’ble Prime Minister are 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.
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7. The State of Punjab, on the other hand, has placed on record
copies of the show cause notices issued by the Government of India,
Ministry of Home Affairs, Internal Security-I Division dated January 06,
2022 to various functionaries of the State of Punjab including its Chief
Secretary and Director General of Police. The show cause notices
required the officers to respond within 24 hours as to why disciplinary
action under the All India Services (Discipline and Appeal) Rules, 1969
should not be initiated against them for their “omissions and
commissions”. The learned Advocate General for the State of Punjab
urged that the Ministry of Home Affairs, Government of India has, in a
way, already held the officers of Government of Punjab ‘guilty’ of the
alleged negligence and/or breach of security of the Hon’ble Prime
Minister. He maintained that none of the agencies of the State
Government had committed a dereliction of their responsibility for the
security and safety of the Hon’ble Prime Minister, yet there is a smear
campaign to discredit the State Government. All the same, the learned
Advocate General for the State fairly offered that the State is more than
willing to have an independent enquiry of the matter.
8. We have heard learned counsel for the parties at considerable
length and studied the provisions of the Special Protection Group Act,
1988 (for short, “the Act”) along with the relevant contents of the Blue
Book. 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 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.
9. It is not necessary for us to elucidate more on facts as the
lapse regarding the breach of security of the Prime Minister during his
visit to Firozpur on 5th January, 2022 is not seriously disputed by either
party. There is, however, a blame game between the State and Central
Government as to who is responsible for such lapses. War of words
between them is no solution. It may rather impair the need of a robust
mechanism to respond at such a critical juncture.
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10. We, therefore, find merit in the submission of Shri Maninder
Singh, learned 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.
11. The learned Solicitor General appearing for the Union of India,
supported the submission of the Petitioner and prayed for a detailed
independent enquiry. The learned Advocate General for the State of
Punjab also fairly expressed his willingness for an independent enquiry
ordered by this Court.
12. Keeping the above submissions made by the parties in view,
we are of the considered opinion that these questions cannot be left to
be resolved through one-sided enquiries. A judicially trained independent
mind, duly assisted by officers who are well acquainted with the security
considerations and the Registrar General of the High Court who has
seized the record pursuant to our earlier order, would be best placed to
effectively visit all issues and submit a comprehensive report for the
consideration of this Court.
13. We therefore deem it appropriate to appoint an Enquiry
Committee comprising the following:
i.
Justice Indu Malhotra, a former Judge of the Supreme
Court of India- Chairperson;
ii.
Director General or his nominee not below the rank of
Inspector
General of Police of National Investigation
Agency- Member;
iii.
Director General of Police, Union Territory of Chandigarh-
Member;
iv.
Additional Director General of Police (Security), State of
Punjab- Member;
v.
Registrar General, Punjab and Haryana High Court-
Member-cum-Coordinator.
14. The following are the Terms of Reference for the Enquiry
Committee:
i.
What were the causes for the security breach for the
incident on 5th January 2022?
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ii.
Who are responsible for such a breach, and to what extent?
iii.
What should be the remedial measures or safeguards
necessary for the security of the Hon’ble Prime Minister
or other Protectees?
iv.
Any suggestions or recommendations for improving the
safety and security of other Constitutional functionaries.
v.
Any other incidental issue that the Committee may deem
fit and proper.
15. The Enquiry Committee is requested to submit its report at
the earliest.
16. Let the entire record seized pursuant to our order dated 7th
January, 2022, be handed over to the Chairperson of the Enquiry
Committee within three days. The Union of India and State Government
are directed to provide full assistance to the Enquiry Committee for
completion of the assigned task.
17. The Chairperson of the Enquiry Committee shall be entitled to
all the perks of a sitting Supreme Court Judge minus pension. They shall
be provided full secretarial assistance, official car and other paraphernalia
for effective completion of the enquiry, as directed above.
18. Till conclusion of the proceedings of the Enquiry Committee
constituted above, the enquiries ordered by the Central Government and
the State Government shall be kept in abeyance.
19. List the matter after receipt of the Report of the Enquiry
Committee.
Ankit Gyan
Directions issued.
(Assisted by : Aarsh Choudhary, LCRA)