Security scare: SC directs to preserve all records related to PM Modi’s Punjab visit
The apex court also asked the Centre and the state to hold further action by the committees they have constituted to inquire into the alleged lapses in security measures pertaining to the visit till it hears the matter on Jan 10.
The Supreme Court on Friday asked the Registrar General of the Punjab and Haryana High Court to forthwith secure and preserve all records relating to the visit of Prime Minister Narendra Modi to Punjab on January 5.
A bench headed by Chief Justice of India N V Ramana directed the state of Punjab including police authorities, SPG and other central and state agencies to cooperate and provide necessary assistance to the Registrar General in this regard.
The bench, which also comprised Justices Surya Kant and Hima Kohli, said that the Director General of the Union territory of Chandigarh and an NIA official will assist the Registrar General (RG) in collecting the records and asked the RG to keep all records in his safe custody for the time being. “Director General of UT of Chandigarh and an NIA to be nominated by the Registrar General will assist the latter in collecting the records,” the bench said.
The apex court also asked the Centre and the state to hold further action by the committees they have constituted to inquire into the alleged lapses in security measures pertaining to the Prime Minister’s visit till it hears the matter again on January 10. The directions came on a plea by ‘Lawyer’s Voice’, a Delhi-based rights body.
On January 5, the Prime Minister’s vehicle had remained stationary for 15-20 minutes on a flyover on the way from Bathinda to Hussainiwala National Martyrs’ Memorial in Punjab’s Ferozepur, after which his cavalcade returned to Bathinda airport. The extraordinary breach of security was caused by protesters who had blocked the road ahead. Appearing for the petitioner, senior advocate Maninder Singh said it was not a law and order issue, but one of national security. “There is an impermissible stoppage of the PM’s cavalcade for 20 minutes… which is the highest breach of any VIP security,” he pointed out. “This cannot be allowed to happen again for which we all have to put our heads together,” he said, adding “this is a state which is ready to go for election”. Singh said the purpose of the plea was to get the matter “professionally investigated” and underlined that it “cannot be done by the state”. He said that after he had brought the matter to the notice of the court on Thursday, the Punjab government had appointed a committee to look into it. He also pointed out that the panel’s head had been the subject matter of a reported judgment of the Supreme Court in 2011. The apex court had in that case said that “he targeted the police officers who conducted investigation into his conduct by using his judicial powers”, Singh said, adding that his appointment to the committee raises suspicions on the bona fides of the inquiry. “The need of the hour is documents pertaining to this entire journey must be taken into custody for protection,” he said and urged the court to direct that this be done by a district judge with the assistance of NIA officials.
Appearing for the Centre, Solicitor General Tushar Mehta backed the demand to seize and secure records of the travel and termed the security breach “one of the rarest of the rare issues having a serious potential of causing an international embarrassment”. He said that “whenever the PM’s cavalcade moves on road, it’s always the DG of the state who is consulted if it’s safe to travel on road, and only with his sanction does it proceed. Here DG gave a green signal. He did not say there is a blockade”.
Mehta pointed out that there is always a warning car ahead of the cavalcade which remains at a distance of 500-700 metres so that it can immediately alert the local police and vehicles behind if there is any problem. “Though local police were very much there and seen enjoying tea… they did not alert the warning car that there was a blockade… The motorcade came to know only when it was on the flyover,” he submitted.
Mehta contended that it would have been quite a difficult and dangerous situation if the blockade on one side was accompanied by sloganeering from the places of worship nearby. It would have led to similar reactions on the other side too and would have caused international embarrassment. He also referred to calls by the banned terror outfit ‘Sikhs for Justice’ and alleged the incident could have a cross-border terror angle too. “There’s a video by the banned terrorist organization. So-called head of that organization Sikhs for Justice publicly calls people to do xyz things. This also can potentially be a question of cross border terror… It has to be gone into,” Mehta said.
The SG also questioned the constitution of the committee after the court had decided to hear the matter. “The committee ought not to have been constituted after the court decided to hear,” he said, adding that one of its members is the Home Secretary. “He may himself be potentially under scanner,” Mehta added.
Punjab Advocate General D S Patwalia said he had serious problems with the contentions of the petition which “reeks of politics”, but added “Punjab is not taking it lightly” and that “there has been a lapse”.
The setting up of the committee was “not an afterthought” he said. “We got an FIR lodged, to take cognisance. Now the Centre has also formed a committee and has issued notice to state officials.”“We are not joining issues on anything. If they have doubts about the committee appointed by the state, Your Lordships may appoint anyone to investigate, a former judge of HC or SC…”. Patwalia said that if the Centre has problems with the state’s committee, the state too has problems with the central committee.
“One of the officers of the central committee is S Suresh, who is the IG of SPG. He was responsible for overall security… If my committee cannot do it, then that committee (by the Centre) cannot also be a judge of its own cause,” Patwalia argued.
Mehta responded that the concerned officer in the central committee can be replaced with the Union Home Secretary and added that the setting up of the panel is only for internal purposes.
Patwalia, however, sought setting up of an independent committee saying, “We have doubt that they will throw the entire onus on Punjab Police… I say some fault is with the SPG… So let it be a totally impartial committee. We certainly want the matter to be investigated. It can’t be thrown under the carpet.”
Maninder Singh, meanwhile, pointed out that the committee constituted by the state has been asked to submit a report in three days and urged the court to stay this. Patwalia responded that the committee set up by the Centre had called its officials on Friday and said that it should also hold its horses till the court hears the matter next on January 10. Both sides eventually agreed to hold all further actions by their respective committees till that date.