PM Security breach: SC sets up Committee headed by retired Justice Indu Malhotra
Jan 12, 2022
New Delhi [India], January 12 : The Supreme Court on Wednesday set up a Committee headed by a retired top court judge, Justice Indu Malhotra to probe into the security lapse during Prime Minister Narendra Modi's Punjab visit on January 5.
A Bench of Chief Justice of India NV Ramana, Justices Surya Kant and Hima Kohli while setting up the independent Committee said such an issue of relating to breach of security of Prime Minister cannot be decided by "one sided inquiry" of Centre or the State government and it has to be by a "judicially trained mind".
The other members of the Committee are Director General of National Investigation Agency (NIA) or his nominee not below the rank of IG, DGP Union Territory of Chandigarh, ADGP of Punjab (Security) and Registrar General of Punjab and Haryana High Court.
The Bench said the Committee will inquire into causes of the security breach, persons responsible for the breach and the future measures to be taken for preventing such security breaches of VVIPs.
The top court asked the Committee to submit a report at the earliest.
It also asked Registrar General of High Court to submit all records and documents collected by him on orders of the apex court to inquiry panel.
The five member Committee will inqure into the issue of breach of PM Mondi's security and Court stayex all existing inquiries into the matter.
"We are of considered opinion that this can't be left to one sided inquiries. A judicially trained independent mind assisted by officers, well acquainted with security considerations, and High Court Register Gener, who seized records on our orders, would inquire into the incident," the Bench said.
The top court's order came on a PIL seeking judicial probe into breach of Prime Minister's security while on a visit to Punjab.
The apex court, earlier on Monday, while hearing a plea over the Prime Minister's security lapse issue had decided to constitute an independent committee headed by a retired top court judge to investigate the matter.
The plea in the top court was filed by 'Lawyers' Voice' alleging that PM's security breach was a deliberate lapse on part of the State and sought the preservation of evidence on security arrangements and action against "erring" officials of the Punjab government.
It also sought direction to the 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 court.
"Issue a writ of mandamus or any other writ, order or direction fixing responsibility of Respondent No. 2 (chief secretary) and Respondent No.3 (DGP) and place them under suspension and further direct the Respondent No. 4 (Centre) to initiate departmental action against the same," it added.
The Prime Minister was stuck atop a flyover for 15-20 minutes while on his way to Ferozpur, Punjab earlier this month due to the road being blocked by some protesters. The Ministry of Home Affairs termed it as a "major lapse" in his security.
