New Delhi, Jan. 7 (PTI): In a significant development, the Supreme Court Friday directed the Registrar General of the Punjab and Haryana High Court to "secure and preserve" the records pertaining to arrangements made for Prime Minister Narendra Modi's recent visit to Punjab when there was a "massive security breach".
A bench headed by Chief Justice N V Ramana also said the inquiry committees set up separately by the state and central governments will hold their horses and not proceed with their respective inquiries till January 10 when the matter will be taken up again by the court. The bench, however, did not dictate it as part of the order, and asked the counsels to convey its feelings to the authorities.
The Registrar General of the High Court will be assisted by the Director General of Police, the Union Territory of Chandigarh, and an officer of the National Investigation Agency not below the rank of Inspector General in securing the requisite records from the state government, its police and central agencies, the bench, also having Justices Surya Kant and Hima Kohli, said in the order.
"Taking into consideration the arguments advanced by the parties with respect to the issues relating to the security of the Hon'ble Prime Minister and other related issues raised by them, we deem it appropriate for the time being to direct the Registrar General...to secure and preserve the records relating to...Prime Minister's scheduled tour of Punjab on 5th January, it said.
"We further direct the State Government of Punjab, including the police authorities, the Special Protection Group and any other Central/State agencies to cooperate and to provide necessary assistance in securing and seizing the records, the bench ordered.
The high court official has been directed to keep the records in his safe custody for the time being, it said and directed the apex court's registry to electronically forward the order to all concerned and posted the case for further hearing on January 10.
The top court was hearing the plea of an organisation, Lawyers Voice, seeking a thorough investigation into the breach in Prime Minister Modi's security in Punjab to ensure there is no such event in the future.
It has also sought preservation of evidence on security arrangements, court-monitored probe and action against erring officials of the Punjab government responsible for the alleged lapse.
In a "massive security breach" on Wednesday, the PM's convoy was stranded on a flyover due to a blockade by protesters in Ferozepur after which he returned from poll-bound Punjab without attending any event, including a rally.
At the outset, senior advocate Maninder Singh, appearing for the petitioner, said the incident was not merely a law and order problem but rather a national security issue, which is covered under the Special Protection Group Act.
Opposing the inquiry by Punjab, he said an order has been issued by the state government forming a committee to inquire into the incident and having regard to the statutory scheme, it cannot be done as it was not the law and order issue alone.
He referred to a judgment in which trial in a corruption case against a former prime minister was held at Vigyan Bhavan keeping in mind the security of an SPG protectee under the Act.
The scheme of the Act says that even if the prime minister wants to waive the security, it cannot be done and it has to be kept in mind that a protectee has to be protected all the time till time he is breathing.
"Investigation must be undertaken with evidence protected and in an efficient manner rising above politics. This can be ensured under your Lordships monitoring..., he said.
He also said that the court may frame guidelines to ensure that such incidents are not repeated.
Singh referred to another judgment of the top court and objected to the nomination of a former high court judge into the state's inquiry panel.
"This court had described (that) the Judge...targeted police officer who conducted an investigation into his case...," he said.
Solicitor General Tushar Mehta, appearing for the Centre, termed the case of security breach the rarest of the rare issues which had potential of causing international embarrassment and appreciated the bench for taking cognizance of the plea.
"Whenever the prime minister's cavalcade moves, the DGP of the state concerned is consulted first and only when he clears the cavalcade moves. Here the green signal was given and he did not say there was a blockage, the law officer said.
The local police were very much enjoying the tea and they did not even inform the warning car which moves ahead of the protectee, he said, adding that serious mishap could have happened and this would have led to international embarrassment .
The law officer also referred to a video circulated by a banned terrorist organisation and said, I join the petitioner."
This is something which ought to have been avoided, it's sui generis (unique) case of potential international embarrassment, he said.
Advocate General of Punjab D S Patwalia said the issue was a serious one and the state was also of the opinion it cannot be brushed under the carpet.
"Though I have serious issues with the contents of the petition, the state is not taking this issue lightly, there has been a lapse somewhere, and the state is doing everything to look into it, he said.
The committee was constituted by the state and it was not an afterthought as alleged, he said.
The probe report by the central committee may reflect poorly on us and I am not taking this as an adversarial litigation at all and if there has to be an investigation then let it be done. Justice must not only be done, it must be seemed to be done, he said.
"We may say SPG was at fault and they may say that the Punjab police was at fault and to avoid this, let both the committees hold their horses and not proceed with the investigation," he said.