The Supreme Court elucidated its decision to set up a panel headed by its former judge to probe into the security breach during Prime Minister Narendra Modi's recent visit to Punjab. The apex court further stayed the parallel inquiries by committees of the Centre and the state government into the lapses.
Stressing that the supreme court was not 바카라undermining the importance of the security of the Prime Minister바카라 and dealing it with 바카라all seriousness바카라, a bench headed by Chief Justice of India (CJI) N V Ramana said that the separate inquiries by panels set by the Centre and the state government will be stayed.
The bench, also comprising Justices Surya Kant and Hima Kohli, took note of the submissions of Solicitor General Tushar Mehta about the time frame within which the court-appointed panel should give the report and said it will keep this aspect in mind.
The top court was hearing 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.
바카라We are thinking on these lines... One retired Supreme Court judge will head the committee and the members would be DGP (Director General of Police) of Chandigarh, the Inspector General of the NIA (National Investigation Agency), the Registrar General of the Punjab and Haryana High Court and one more person from Punjab...and he can be Additional DGP (Security),바카라 the CJI observed, hinting at the broad parameters of the proposed order which will be passed later.
The top court also took note of the concerns of the Punjab government that its officials are being condemned by the central government panel without any proceedings and ordered, 바카라All inquiries should stop.바카라
At the outset, Advocate General and senior advocate D S Patwalia, appearing for the Punjab government, said: 바카라I don바카라t think that I will get a fair hearing because there is some politics behind it also. My fear has come true as seven show cause notices have been sent to the state officials ranging tom the chief secretary to the SSP by the central government바카라s committee saying you are guilty...바카라
바카라Please hang me and my officers if we are guilty but please do not condemn us unheard,바카라 the state바카라s law officer said, adding that an independent committee be set up as he apprehended that the state officials will not get fair hearing before the Centre바카라s panel.
The committee바카라s inquiries were put on hold, where have these show cause notices come from, Patwalia asked and this led the apex court to express its displeasure.
The bench referred to the state government officials being issued show cause notices despite the panels being asked to hold their hands till January 10, and asked what purpose would remain for the court to intervene.
"Your show cause notice is totally self-contradictory. By constituting a committee you seek to enquire if there was a breach and then you hold state Chief Secretary and the DGP guilty. Who held them guilty... The state and the petitioner want a fair hearing and you cannot be against a fair hearing. So why this administrative and fact-finding enquiry by you at all,바카라 the bench asked.
The show-cause notices were issued before the order of the court, the Solicitor General replied, adding that the central government바카라s panel may be allowed to inquire into the lapses, and a report would be submitted to the bench. Moreover, the show cause notices were based on 바카라admitted non-compliance of statutory schemes바카라, Mehta said and referred to various provisions of the 바카라blue book바카라 relating to the SPG, the Prime Minister바카라s security and the role of the local police.
The bench then said that both the committees should be permitted to continue with the inquiries. "Asking them to reply within 24 hours, after our order...it is not expected of you," the bench said.
"To say 바카라it is not expected of you바카라, is a bit harsh under the circumstances", Mehta said, adding that the Prime Minister's security is of paramount importance.
바카라We are not undermining the importance of the security of the Prime Minister. We are taking up the matter with all seriousness. Please do not be under the impression that we are not giving the importance,바카라 the bench said.
There is a breach and the state too has admitted it, but the other issues are questions of facts and they have to be seen by independent persons, the bench said.
바카라If you want to take disciplinary action against the state officers then what remains for this court to do,바카라 the bench asked.
If the court felt that the show-cause notices pre-empted the final outcome, then inquiry proceedings may be put on hold till the Central committee inquires and give the report to the bench, Mehta said.
He referred in detail to the provisions of the "Blue Book" for PM's security and said that several breaches of the scheme of the rules are established such as the PM바카라s convoy had proceeded on the road after taking clearance from the DGP and moreover, the warning vehicle did not warn about the blockade.
There was a complete failure of intelligence and violation of protocols, he said, adding, 바카라It has to be continuously communicated that there is a clear road and if there's a blockade, stop them 4 km away. Here the warning car of the state was travelling along with the cavalcade. There was complete intelligence failure."
( With PTI Inputs)