Amid bickering between the Centre and the Punjab Government, the Supreme Court on Monday said it would set up a panel headed by its former judge to probe the security breach during Prime Minister Narendra Modi’s visit. The top court also stayed the parallel inquiries by the committees set up by the Centre and the State Government into the lapses.
“We are thinking on these lines... One retired Supreme Court judge will head the committee and the members would be DGP (Director-General of Police) of Chandigarh, the Inspector-General of the NIA (National Investigation Agency), the Registrar-General of the Punjab and Haryana High Court and one more person from Punjab...And he can be Additional DGP (Security),” Chief Justice of India (CJI) NV Ramana observed, hinting at the broad parameters of the proposed order which will be passed later.
Stressing that the apex court was not “undermining the importance of the security of the Prime Minister” and was dealing with it with “all seriousness”, a Bench headed by the CJI said that the separate enquiries by panels set up by the Centre and the State Government will be stayed.
The Bench, comprising Justices Surya Kant and Hima Kohli, took note of the submissions of Solicitor-General Tushar Mehta about the time frame within which the court-appointed panel should give the report and said it would keep this aspect in mind.
The SC was hearing the plea of an organisation, Lawyers Voice represented by senior lawyer Maninder Singh, seeking a thorough investigation into the breach in Modi’s security to ensure there was no repeat of such an incident.
At the outset, Advocate-General and senior advocate DS Patwalia, appearing for the Punjab Government, said: “I don’t think that I will get a fair hearing because there is some politics behind it also. My fear has come true as seven show cause notices have been sent to the State officials, ranging from the Chief Secretary to the SSP by the Centre’s committee saying you are guilty...”
“Please hang me and my officers if we are guilty but please do not condemn us unheard,” the State’s law officer said, urging that an independent committee be set up as he apprehended that the State officials would not get a fair hearing before the Centre’s panel. “The committee’s inquiries were put on hold. Where have these show cause notices come from,” said Patwalia expressing displeasure over the Union Home Ministry sending notices to State officials after the Supreme Court’s intervention.
The SC took note of the concern of the Punjab Government that its officials were being condemned by the Central Government panel without any proceedings and said, “All inquiries should stop.”
The Bench referred to the State Government officials being issued show cause notices despite the panels being asked to stay their hands till January 10, and asked what purpose would remain for the court to intervene. “Your show cause notice is totally self-contradictory. By constituting a committee, you seek to enquire if there was a breach and then you hold the State Chief Secretary and the DGP guilty. Who held them guilty? The State and the petitioner want a fair hearing and you cannot be against a fair hearing. So why this administrative and fact-finding enquiry by you at all,” the Bench asked.
The show cause notices were issued before the order of the court, the Solicitor-General replied, adding that the Central Government’s panel may be allowed to inquire into the lapses, and a report would be submitted to the Bench. “Asking them to reply within 24 hours, after our order...It is not expected of you,” the Bench said. “To say ‘it is not expected of you’, is a bit harsh under the circumstances”, Mehta said, adding that the Prime Minister’s security is of paramount importance.
“We are not undermining the importance of the security of the Prime Minister... We are taking up the matter with all seriousness. Please do not be under the impression that we are not giving the importance,” the Bench said. “There is a breach and the State too has admitted it, but the other issues are questions of facts and they have to be seen by independent persons,” the Bench said. “If you want to take disciplinary action against the State officers then what remains for this court to do,” the Bench asked.
If the court felt that the show cause notices pre-empted the final outcome, then inquiry proceedings may be put on hold till the Central committee inquires and give the report to the Bench, Mehta said. He referred in detail to the provisions of the “Blue Book” for the PM’s security and said that several breaches of the scheme of the rules are established such as the PM’s convoy had proceeded on the road after taking clearance from the DGP and moreover, the warning vehicle did not warn about the blockade.