SC orders protection of all travel records, halts probe by Centre, Punjab
Punjab police has registered an FIR against 150 unidentified people in a case related to the blocking of Prime Minister Narendra Modi’s convoy in Ferozepur earlier this week, where he was on his way to address a public rally. 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 FIR has been registered against the accused under Section 283 of the Indian Penal Code (IPC).
According to law, whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with a fine which may extend to Rs 200.
Meanwhile, a central team probing the “serious lapses” in PM Modi’s security during his Ferozepur visit reached here on Friday. The Punjab government, on the other hand, submitted a report to the central government saying an FIR has been lodged in the matter.
According to sources, the three-member committee formed by the Ministry of Home Affairs (MHA) on Thursday, is seeking details about the sequence of events that unfolded during the PM’s visit on January 5.
The Central team visited the Pyarayana flyover near Ferozepur in the morning amid foggy conditions and interacted with senior Punjab Police and civil administration officials. The panel is led by Sudhir Kumar Saxena, Secretary (Security), Cabinet Secretariat, and has Balbir Singh, Joint Director of the Intelligence Bureau; and S Suresh, IG, Special Protection Group as two other members.
A report has to be submitted by the committee at the earliest as advised by the Centre.
Sources further said that the team began its inquiry into the security lapse which caused the PM’s convoy to remain stranded at the flyover for almost 15-20 minutes on Wednesday.
The team spent around 45 minutes at the flyover. They later headed to the BSF sector headquarters for further questioning and probe into the matter.
At the BSF sector headquarters in Ferozepur, which is around 10 km from where the incident took place on National Highway 5, the Central team remained closeted with the senior civil and police officers who were directly responsible to ensure the smooth passage of the prime minister’s convoy and its foolproof security.
The Central team has summoned several senior police and civil officers including those who were deployed for PM’s security during his Ferozepur visit and asked them to appear in person on Friday, sources said.
Punjab government’s Chief Secretary informed the Union Home Ministry that an FIR regarding the security breach has been registered. The state government on Thursday formed its own two-member committee to probe the alleged lapses. The panel has been asked to submit its report in three days.
Tewari is learnt to have shared details pertaining to the sequence of events that unfolded on Wednesday, official sources in the state said.
The PM’s cavalcade was stuck on the flyover due to a blockade by protestors in Ferozepur, following which he returned from the poll-bound state without addressing the public rally or attending any event.
The Union Home Ministry had directed the state government to file an immediate report, saying it did not ensure the required deployment, while Home Minister Amit Shah had said that such dereliction of the security procedure during the prime minister’s visit was totally unacceptable and accountability would be fixed.
A major political row broke out following the incident with the BJP accusing the ruling Congress government in Punjab of “trying to physically harm” the Prime Minister. Other parties also hit out at the state government over law and order.
Meanwhile, 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.
