Govt Seeks To Recall High Court Order Asking Not To Deploy Punjab Police For Judge's Security, Says It Tarnishes Reputation Of The Force

The Punjab Government has filed an application seeking recall of a Punjab & Haryana High Court order passed on September 27- directing not to deploy Punjab Police for security of a sitting High Court judge who exposed "large-scale lapses on the part of investigating agencies" of Punjab and whose security was compromised in a recent incident. 

The division bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal had ordered deployment of officers of a "neutral" police force and not Punjab Police, for securing the movement of the Judge.

During the hearing on October 1, AG Punjab Gurminder Singh submitted to the division bench that the observations made in its order—wherein the court directed the deployment of any police force other than the Punjab Police for the judge's security—and the request for names of officers only from UT Chandigarh and Haryana to investigate the security breach- would amount to undermining the efficiency of Punjab Police.

The application stated that, "such a direction issued by the...Court has a highly discouraging impact on the Police Forces of the State of Punjab, and undermines the sincerity of purpose, commitment and dedication of the police personnel who on a daily basis as a part of their duty and responsibility put themselves in harm's way, to ensure the safety and protection of not only those they are assigned to serve, but the public at large."

It further submitted that there is nothing on record or otherwise to show that the security personnel assigned to the sitting Judge had failed to perform their duty or are in any way compromised at all.

"if the..remarks/observations/directions are allowed to remain, the same would form part of judicial record for all posterity and cause an irreparable loss to the image and prestige of the Punjab Police Force and all its personnel," the plea added.

The Court orally said that the application will be considered in the next hearing, likely to take place after Dussehra vacation.

Background

On September 22 a man pulled out the gun of Judge's Personal Security Officer (PSO) at Golden Temple and ran towards entrance of the Golden Temple "with possible intent to harm the Judge". His advancement was thwarted by the PSO and in the scuffle that followed, the miscreant shot himself in the head.

The bench thus directed, "the personnel manning security of the learned Judge within and outside Chandigarh shall immediately be changed from Punjab Police to police personnel belonging to either UT Administration or the State of Haryana..."

On investigation, the Court had sought suggestion from UT Administration and Haryana Government for appropriate investigating officers not below the rank of Superintendent of Police of a district to conduct investigation in the incident.

Title: COURT ON ITS OWN MOTION v. STATE OF PUNJAB AND OTHERS