SC appoints panel headed by ex-judge Indu Malhotra to probe security breach during PM’s Punjab visit

The Supreme Court Wednesday appointed a five-member committee headed by former apex court judge Indu Malhotra to probe the security breach during Prime Minister Narendra Modi's visit to Punjab, saying these questions cannot be left to “one­-sided enquiries” as they needed “judicially trained independent mind” to effectively deal with them.

Halting the separate inquiries, ordered by the Centre and the Punjab government, a bench headed by Chief Justice N V Ramana said the security breach has not been “seriously disputed by either party” and an independent probe was needed as the “war of words” between the two governments was not a solution and would rather impair the need for a robust mechanism to respond at such a critical juncture.

Besides Justice Malhotra, the bench also appointed Director General or his nominee not below the rank of Inspector General of Police of National Investigation Agency (NIA), Director General of Police of Union Territory of Chandigarh, and Additional Director General of Police (Security) of Punjab as members of the panel.

The Registrar General of the Punjab and Haryana High Court will also be a member and has been asked to act as the coordinator of the panel which will be giving its report to the top court “at the earliest”.

The CJI, writing the 10-page order for the bench, took note of the willingness of both the governments and the petitioner to a court-appointed panel to conduct an independent probe.

“Keeping the above submissions made by the parties in view, we are of the considered opinion that these questions cannot be left to be resolved through one­-sided enquiries.

“A judicially trained independent mind, duly assisted by officers who are well acquainted with the security considerations and the Registrar General of the High Court who has seized the record pursuant to our earlier order, would be best placed to effectively visit all issues and submit a comprehensive report for the consideration of this Court,” ordered the bench which also comprised justices Surya Kant and Hima Kohli.

The apex court directed the Registrar General of the Punjab and Haryana High Court to provide all the seized documents pertaining to the security arrangements made by the Punjab government for the Prime Minister’s January 5 visit within three days to Justice Malhotra.

The Justice Malhotra panel, as per the terms of its reference, would probe the “causes for the security breach for the incident on 5th January” and has been asked to find the persons responsible for the breach and the extent of the responsibility.

“What should be the remedial measures or safeguards necessary for the security of the Hon’ble Prime Minister or other Protectees,” the order said while delineating the terms of reference.

The panel, which will be rendered assistance by both the governments, has been tasked to give “suggestions or recommendations for improving the safety and security of other Constitutional functionaries.” The bench said it was not necessary to “elucidate more on facts as the lapse regarding the breach of security of the Prime Minister during his visit... is not seriously disputed by either party.” “There is, however, a blame game between the State and Central Government as to who is responsible for such lapses. War of words between them is no solution. It may rather impair the need of a robust mechanism to respond at such a critical juncture,” it said.

The bench found merit in the submissions of senior advocate Maninder Singh, appearing for petitioner ‘Lawyer’s Voice’, that not only the officers responsible for the lapse are needed to be identified, but there is also a greater urgency to evolve measures to ensure that there is no recurrence of such lapses.

The Chairperson of the Enquiry Committee shall be entitled to all the perks of a sitting Supreme Court Judge minus pension, it said, adding that the members of the panel shall be provided “full secretarial assistance, official car and other paraphernalia for effective completion of the enquiry...” “Till conclusion of the proceedings of the Enquiry Committee constituted above, the enquiries ordered by the Central Government and the State Government shall be kept in abeyance. List the matter after receipt of the Report of the Enquiry Committee,” it ordered.

On January 5, 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, including a rally.

The top court’s order has come on the plea of an organisation, Lawyers Voice, seeking a thorough investigation into the breach in Modi's security in Punjab to ensure there is no such incident in the future.