Chandigarh: SC stays opening of road outside CM residence

The Supreme Court on Friday stayed the opening of a road outside Punjab Chief Minister Bhagwant Manns official residence in Chandigarh on an experimental basis.A bench of Justices Sanjiv Khanna and Dipankar Datta noted that both the Centre and the Punjab government have opposed the opening of the road, which has been closed since the 1980s, owing to a threat perception.Issue notice, returnable in the week commencing September 2, 2024.

The Supreme Court on Friday stayed the opening of a road outside Punjab Chief Minister Bhagwant Mann's official residence in Chandigarh on an experimental basis.

A bench of Justices Sanjiv Khanna and Dipankar Datta noted that both the Centre and the Punjab government have opposed the opening of the road, which has been closed since the 1980s, owing to a threat perception.

''Issue notice, returnable in the week commencing September 2, 2024. Notice will be served by all modes, including dasti. Both the state government and the Union of India, in unison state that in view of the threat perception and intelligence inputs, it is not advisable to open the road in question even for one week on an experimental basis as an untoward incident is possible and it will lead to chaos,'' the bench said.

It ordered that till the next date of hearing, there will be a stay on the direction for the opening of the road from May 1.

''We clarify that the proceedings in the writ petition(s) can continue,'' it said.

The bench issued a notice on a plea filed by the Punjab government and sought the response of the administration of the Union Territory of Chandigarh by September 2.

The court noted that the road was closed in the 1980s during the height of terrorism in Punjab.

Solicitor General Tushar Mehta, appearing in the court on behalf of the Centre, said the high court has said in its order that the threat perception cited by intelligence agencies is a figment of imagination.

Punjab's Advocate General Gurminder Singh referred to the killing of singer Sidhu Moosewala and said he was killed after his security was scaled down.

The bench agreed that two observations in the high court's order were problematic, but said a number of people have to face inconvenience due to the blockade of the road.

Singh submitted that there was an attack on the police intelligence headquarters in 2022 and rockets were hurled at the building.

''If rockets are hurled, then the road blockade will not help you,'' Justice Khanna observed.

On April 22, the high court ordered the opening of the 500-metre road, connecting the Sukhna lake to Nayagaon in Chandigarh, on a trial basis from May 1.

The high court had also directed the Chandigarh Police to engage traffic experts for preparing a traffic management plan for the road that was to be opened from 7 am to 7 pm on working days.

Since the closure of the road, people moving between Nayagaon and the Sukhna lake were forced to take long detours via adjacent sectors of the city.

The official residences of the Punjab and Haryana chief ministers are situated on the road and therefore, the police of both states and the Chandigarh administration had opposed the plea for its opening.