SC directs Punjab and Haryana HC to seize and secure records of PM's recent visit marred by "security lapse" till it hears the case on Monday

THE Supreme Court on Friday directed the Registrar General of the Punjab and Haryana High Court to forthwith seize and secure the records pertaining to the visit and security arrangement of Prime Minister (PM) Narendra Modi during his recent controversy-marred visit to Punjab.

A bench of Chief Justice of India (CJI) N.V. Ramana and Justices Surya Kant and Hima Kohli also directed the Punjab Government and other Union and state agencies to co-operate with and assist the Registrar General in the seizure and perseverance of the records. It added that the Director-General of Police (DGP) and the Director-General, National Investigation Agency (NIA), would be the nodal officers to assist the Registrar General.

The Bench orally asked both the union government and the Punjab state government to ensure that their respective committees refrain from inquiring till Monday when it will hear the matter again.

The Court was hearing a petition filed by an organization namely 'Lawyer's Voice' urging the Court to take cognisance of the "serious and deliberate" lapse on the part of the state government regarding the security of the Prime Minister. The plea 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 to the Supreme Court. Besides, the petition seeks to fix responsibility on the officers concerned for the lapse in the security of the PM.

Appearing for the petitioner, senior counsel Maninder Singh argued that this was an issue of national security and not an issue of law and order in a particular state. Referring to the Special Protection Group (SPG) Act, Singh said it was the duty of the Centre and the state and other local authorities to act in aid of the Director of any member of the SPG, a body tasked with providing proximate security to the Prime Minister of India. The road blockade, Singh argued, was an instance of the highest breach of the PM's security.

Singh also attacked the Committee formed by the state government to probe into the matter. On Wednesday, the state government formed a committee comprising retired high court judge, justice Mehtab Singh Gill, and principal secretary, home affairs and justice Anurag Verma.

Singh argued that the Punjab government has no exclusive right to appoint a panel to inquire into this incident. He said the Committee was formed after the matter concerning security breach was mentioned before the Court on Thursday. However, the Advocate General (AG) for Punjab, D.S. Patwalia, clarified that the Committee was formed on the day of the incident itself. Singh also questioned the presence of a former High Court judge in the Committee against whom the Supreme Court in 2014 had recorded adverse remarks in connection with an investigation in a recruitment scam.

Solicitor General (SG) Tushar Mehta, for the union government, supported the petition and claimed that the incident led to an international embarrassment and caused a "serious" threat to the protection of the PM. He submitted that when the PM travels by road, it is the responsibility of the concerned state's DGP to inform whether it is safe to travel. In this case, the Punjab DGP had given the green signal.

Mehta also claimed that this could be a matter of cross-border terrorism, citing social media posts by Sikhs for Justice (SFJ) about the PM's visit. He said the NIA should be there to collect all materials to assist the district judge. He also questioned the committee appointed by the state government. According to him, it is a deliberate attempt to overreach the orders of the Supreme Court by constituting a committee after the Supreme Court was to hear the matter today. It is a sui generis case of potential international embarrassment, he said.

"Let all materials come to this court and then take a call," SG Mehta urged the Court.

Punjab AG Patwalia admitted that the issue was very serious and the roots of the case need to be reached. He argued that the state's committee was not formed in the aftermath of the Court listing the matter for hearing, but was set up on Wednesday itself. An FIR (first information report) had also been lodged about the blockade, he informed the court.

The Advocate General added that the state government was not joining the issue on anything. He, however, argued that if there are allegations against the judge appointed by the state government, in that case, the IG of the SPG who is a member of the Centre's committee was also responsible for the security of the PM and thus he cannot be a judge in his own case.

"If lordships may appoint anyone to investigate, a former judge of HC or SC may be appointed as this court deems fit. Our CM said that the PM is his PM too. We want it to be investigated. Whatever the court thinks fit may be done", AG Patwalia said.

On Wednesday, while on his way to address a political rally in Ferozepur, PM Modi was stuck on a flyover in Punjab's Bathinda for around 20 minutes. The security lapse has caused a major political conflagration between the Bharatiya Janata Party and the state's ruling Indian National Congress. Meanwhile, the Union Ministry of Home Affairs has sought a detailed report from the State Government on the security lapse.

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