The present Writ Petition arises out of the incident dated
5th of January, 2021 wherein on a visit to District Firozpur, State
of Punjab, the convoy of the Prime Minister was stuck on a flyover
for around 20 minutes. 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
serious and deliberate lapse on part of the Respondent Nos. 1, 2 and 3
concerning security and movement of the Prime Minister of the country; and direct100 the learned District Judge, Bhatinda, to collect all official
documents and materials from all possible sources pertaining to the movements120 and deployment of Punjab Police in
connection with the visit at the earliest and produce the same before this
Court. The petitioner has also prayed that this Court 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. Petitioner
contends that the incident constitutes a very grave security200 breach that could have had significant
repercussions as it impacts the safety of the Hon'ble Prime Minister.
Given the seriousness of the subject matter, and the need to
ensure a thorough investigation into the alleged lapses by the security apparatus,240 we took up the matter on the 07th
January, 2022 when we heard the Senior Advocate on behalf of the petitioner and
the learned Solicitor General on behalf of the Union of India and
the learned Advocate General for the State of Punjab. Taking into consideration
the arguments advanced by the parties with respect to the issues300 relating to the security of 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.
We direct the360 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 of
National Investigation Agency, to assist the Registrar General, Punjab400 and Haryana High Court to forthwith
secure and seize the records from the State police as well as Central
agencies. We further direct the State Government of Punjab, including the
police authorities, the Special Protection Group and any other Central
or State agencies to cooperate and to provide necessary assistance in securing
and seizing the records. We direct the Registrar General, Punjab and
Haryana High Court to keep the records in his safe custody for the
time being. The Registry480 is directed to forward a copy of
this order electronically to the Registrar General, Punjab and Haryana
High Court, the500 Director General of Police, Union Territory of Chandigarh, the
Director General, National Investigation Agency and the Principal Secretary,
Home, State of Punjab. In deference 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 of560 the Punjab and Haryana High Court. 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 during600 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 Senior640 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. The State of Punjab, on the
other hand,700 has placed on record copies of the show cause notices issued by
the Government of India, Ministry of Home Affairs,720 Internal Security 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 the800 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 breach of security of the Hon'ble Prime Minister.
He maintained that
none of the agencies840 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.900
We have heard learned counsel for the parties at considerable
length and studied the provisions of the Special Protection Group Act, 1988
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 family960 members, as the case may be.
The Blue Book contains a clear and detailed procedure to be
observed by the State Authorities and the Special Protection Group to ensure
full safety and security of the Prime Minister while he is1000 touring a State. The additional object
is to avoid any human error, negligence or any wilful omission
or commission which may hamper 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.
It is not necessary for us to elucidate
more on facts as the lapse regarding the breach of security of the Prime
Minister during his1080 visit to Firozpur on 5th January, 2022 is not seriously disputed
by either party. There is, however,1100 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. We, therefore, find merit in the submission the learned
Senior Counsel for the petitioner that not only are the officers 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.1196
