SC Rejects Plea Seeking Statements Of Witnesses Who Deposed Before Former Judge To Probe Security Breach During PM's Punjab Visit

The Supreme Court has dismissed the plea filed by the State Government seeking statements of witnesses who deposed before the former Judge of the Court, Indu Malhotra to investigate the breach of security during the Prime Minister Narendra Modi's visit to the Punjab State in January 2022.

The two-Judge Bench comprising Justice Surya Kant and Justice Ujjal Bhuyan said, "After receipt of report of the committee, matter was taken up on August 25, 2022. Copy of report was directed to be supplied to Centre and state government. It was directed that report shall be kept in sealed cover in the safe custody of secretary general of this court."

"It seems the Punjab government has now sent a letter seeking statements of witnesses to conduct further proceedings against delinquent officers", it also noted.

The Court further observed that there is no ground to entertain the request made by the Punjab Government and the State may conduct its enquiry against delinquent officers without the aid of the statements of the witnesses being made before the Enquiry Committee.

On January 5, 2022, PM Modi's convoy was stranded on a flyover due to a blockade by protesters in Ferozepur after which he returned from Punjab without attending any event.

The Apex Court had appointed a Committee headed by former Judge Indu Malhotra on January 12, 2022, to probe the said security breach. The said Committee to probe the security breach during Prime Minister Narendra Modi's visit to Punjab had found that the Ferozepur SSP failed to discharge his duty even though sufficient force was available. It informed the Court that there should be an oversight committee for periodic revision and update of the 'Blue Book' and sensitisation courses for police officers engaged in the security of the Prime Minister.

The Blue Book contains an unambiguous and detailed procedure to be observed by the State authorities and the special protection force to ensure the full safety and security of the Prime Minister while he is touring a State. The panel involving five members further informed the Court that the SSP had sufficient time after then Punjab ADGP G Nageshwar Rao informed him that the PM would be taking the contingency route but the SSP failed to take action. The Court in August 2022 had said that it will send the report of the said Committee to the Centre for an appropriate action.

"Ferozepur SSP Avneet Hans failed to discharge his responsibility to maintain law and order or take steps to deploy forces to secure the route despite knowledge that there were large hostile groups on the route. ... He failed to do this even though sufficient force was available and even though he was informed two hours before that the Prime Minister would enter that route", remarked the Court.

Accordingly, the Apex Court dismissed the plea. 

With PTI Inputs