Retd Justice Indu Malhotra to head panel probing PM Modi's security breach in Punjab

The Prime Minister's convoy was stranded on a flyover due to a blockade by protesters in Ferozepur last week

The Supreme Court on Wednesday appointed former top court judge, Justice Indu Malhotra as head of an enquiry panel to probe Prime Minister Modi's security breach in Punjab last week.

The top court explained the object is "to avoid any human error, negligence or any willful omission or commission which may hamper and/or expose the safety and security of the Executive Head of the nation while he is traveling in a particular state. Any lapse in this regard can lead to devastating and serious consequences."

A bench of Chief Justice N V Ramana and Justices Surya Kant and Hima Kohli ordered for keeping the inquiry committees set up by the Centre and the Punjab government in abeyance. The court said questions related to sensitive issues on security breach of the PM cannot be left to one-sided inquiry.

"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," the bench said.

The bench said it is not necessary for us to elucidate more on facts as the lapse regarding the breach of security of the Prime Minister during his visit to Firozpur on January 5 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," the bench added.

The court passed its order on a writ petition filed by NGO 'Lawyers Voice'.

It nominated Justice Malhotra as chairperson of the enquiry committee. Other members of the inquiry panel would include the Director General of the NIA or his nominee, not below the rank of IG, DGP of Chandigarh UT, ADGP (Security), Punjab and Registrar General of the Punjab and Haryana HC.

The court said the inquiry panel would look into the cause of breach, who was responsible for it and suggest remedial measures and safeguards required for such safety of the Prime Minister or such other protectees. The bench asked the panel to give its report at the earliest.

On January 5, on a visit to Hussainiwala, district Firozpur, the convoy of the Prime Minister was stuck on a flyover for around 20 minutes, constituting a "very grave security breach that could have had significant repercussions on the safety of the constitutional functionary".

The court agreed with a contention of senior advocate Maninder Singh, counsel for the petitioner that not only are those responsible for the lapse liable to be identified, but there is also a greater urgency to evolve new measures that may ensure there is no recurrence for such lapses in future.

Solicitor General Tushar Mehta and Punjab Advocate General D S Patwalia agreed for independent probe into the matter.

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