Supreme Court Appointed Committee Finds That Punjab SSP Failed To Discharge His Duties In Ensuring Security Of PM During His Punjab Visit In January 2022

The Supreme Court on Thursday noted that as per the committee appointed by the Supreme Court, Punjab SSP, Harmandeep Singh Hans, had failed to discharge his duties in ensuring security of Prime Minister during his visit to Punjab in January 2022. The case, which had sought probe into the security lapse during the visit of Prime Minister Narendra Modi to Punjab in January 2022 was heard by the bench led by Chief Justice of India, N.V. Ramana.

The Court had earlier appointed former Supreme Court judge, Justice Indu Malhotra to probe into the matter. The issue relates to the Prime Minister getting stuck at a flyover in Bhatinda in Punjab on January 5 after a group of farmers protesters blocked the highway.

In the hearings, CJI Ramana read out the committee's report, which stated that Harmandeep Singh Hans, Punjab SSP Ferozpur had failed to discharge his duty, and augment the route even though sufficient time and forces were available with him. As per the report, despite clear instructions, before the PM entered, the SSP failed to act on instructions. The Committee report also recommended constitution of a committee for periodic review of the 'Blue Book'. 

The CJI orally remarked that the report will be forwarded to the government so that they can take action on the same.

The order passed by the bench states as follows :

"1. Vide order dated 12.01.2022, an Enquiry Committee headed by Justice Indu Malhotra, a former Judge of the Supreme Court of India was constituted to enquire about the alleged breach of security during Hon'ble Prime Minister's scheduled tour of Punjab on 05th January 2022.

2. In compliance of the said order, the said Committee has submitted its Report in a sealed cover. The sealed cover was opened in the Court and we read out some recommendations made in the said Report. Thereafter, the Report was re-sealed and kept in the safe custody of the Secretary General of this Court, who shall make it available as and when required by the Court.

3. We direct the Registry to send a copy of the Report to the Central Government and the State Government for further action. Accordingly, this Writ Petition is disposed of".

Background

A bench comprising Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli had passed the orders in a PIL filed by an NGO named Lawyers' Voice.

In the order passed on January 12 to constitute the probe committee, the Court opined that the "questions cannot be left to one-sided enquiry" and a judicially trained mind needs to oversee the probe. The Director-General of the National Investigation Agency or his nominee not below the rank of IG, Director General of Police of Union Territory of Chandigarh, ADGP (Security) of Punjab and the Registrar General of the Punjab and Haryana High Court (who has seized the records relating to PM's visit) are the other members of the Committee.

The points of reference of the Committee were-

• What were the causes for the security breach for the incident on 5th January 2022?
• Who are responsible for such a breach, and to what extent?
• What should be the remedial measures or safeguards necessary for the security of the Hon'ble Prime Minister or other Protectees?
• Any suggestions or recommendations for improving the safety and security of other Constitutional functionaries
• Any other incidental issue that the Committee may deem fit and proper

"...these questions can't be left to one-sided inquiries. A judicially trained independent mind duly assisted with officers well acquired with security issues & Registrar general of HC who seized records would be best placed, to submit a comprehensive report", CJI NV Ramana read out the operative portion of the order.

The Court observed in the order that there was "blame game" between the Union Government and the State Government and the "war of words" was not a solution.

The Court said that there is also a greater urgency to evolve new measures that may ensure there is no recurrence of such lapses in the future.

Case Title : Lawyers Voice versus Union of India

Click here to read/download the order