PM Modi's security breach: SC orders protection of all travel records, halts probe by Centre, Punjab

New Delhi, Jan 07: The Supreme Court of India on Friday directed the Registrar General of Punjab and Haryana High Court to secure and preserve the travel records of Prime Minister Narendra Modi during his visit to Punjab forthwith. The apex court also directed both Central and State committees to hold their operations till Monday.

The court was hearing the plea seeking a thorough investigation into the security lapse during PM Modi's visit to Punjab.

The top court also directed Punjab and police authorities, SPG, and other Central and State agencies to cooperate and provide necessary assistance to seal the entire record.

Details of the hearing

Senior advocate Maninder Singh appearing for petitioner lawyers' voice told Supreme Court that breach in Prime Minister's security is not merely a law and order problem, it falls under Special Protection Groups (SPG) Act.

"The issue if the SPG Act and the duty to give assistance to the SPG came for your lordships consideration in a case regarding a former PM's trial in a corruption case. The court had held that PM security cannot be waived even if he wants to waive security," he said.

"The state is not exclusively empowered to probe (the breach of Prime Minister Narendra Modi's security) and this is not a law & order issue. The chairman of the state-appointed Committee was a part of a huge service-related scam," he added.

"The issue of PM protection is a national security issue and comes under parliamentary purview. The incident needs to be professionally investigated," advocate Maninder Singh added.

He also requested the Supreme Court to monitor the investigation and ensure that protection and collection of evidence should be done by DM assisted by an officer of the NIA.

Solicitor General Tushar Mehta appearing for the Centre, said, "I'm grateful that this court has taken cognisance of a rarest of rare issue. The incident had serious potential to cause international embarrassment. This matter cannot be left to just anyone and it's a matter of cross-border terrorism thus NIA official may assist the probe.

Senior advocate DS Patwalia, appearing for Punjab tells Supreme Court that the state government is taking the issue very seriously. A committee was constituted by State govt on the same day of the incident.

What the Plea says

The plea has sought preservation of evidence on security arrangements and action against "erring" officials of Punjab government responsible for the alleged lapse.

On Wednesday, the prime minister'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.

The petition filed by Bijan Kumar Singh, vice president, Lawyer's Voice, termed the Wednesday's incident as "pre-meditated conspiracy to breach the security of the prime minister and bring national security in jeopardy".

"Take cognizance of the serious and deliberate lapse on part of the Respondent No 1, 2 and 3 (state government, chief secretary and DGP) concerning the security and the movement of the prime minister of the country," the plea filed through lawyer Sandeep Singh said.

It also sought direction to the district judge, Bhatinda to collect "all official documents and materials from all possible sources" pertaining to the movements and deployment of Punjab Police in connection with the visit at the earliest and produce the same before this court.

The plea has also sought a direction to the Union home ministry to initiate departmental action against the state chief secretary and the Director General of Police.

"Issue a writ ...or direction fixing responsibility of the Respondent No 2 and Respondent No 3 (Chief Secretary and DGP) and place them under suspension..," it said.

"The petitioner is seeking urgent intervention... raising an imminent and issues of national importance impinging upon the national security and for protection of the fundamental right to movement across the country and liberty of citizens in the country," it said.

The plea urged the court to take cognizance of the matter and ensure that the official records are not tampered with and presented before it at the earliest.

"The petitioner... is seeking to highlight the said incident and raise an important question as if the Prime Minister of the country can face such a situation, then the fundamental rights of citizens which has been guaranteed ...are in serious jeopardy in Punjab and beyond," it said.

It is shocking that an overwhelming section of the blockage of the road was consisting of the police personnel on the spot which made "the complicity of the State authorities apparent", the plea alleged.

"The security lapse, as per reliable reports in the print and the electronic media, and as per the Press Information Bureau report of the Central Government, was clearly intentional and raises a serious question as to national security and the role played by the present political dispensation in Punjab," it said.

As per protocol, the car for the Chief Secretary and DGP or their nominees of the visiting state is earmarked and supposed to join the motorcade and however, as per the reports, neither the two officials nor their representatives joined the motorcade, it alleged.

"It has been reported that the said road route was a part of the pre-decided contingency route which had been previously discussed and settled with the State Government in great detail. Thereafter, the Prime Minister proceeded to travel by road after necessary confirmation of necessary security arrangements by the DGP (director general of police) Punjab Police," it said.

It is clear from the events that private persons were given access to the Prime Minister's route, and other persons were instigated to join the blockade, which represents a serious and unpardonable breach of national security by the State apparatus and the political establishment of the state," it said.