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regular-article-logo Tuesday, 13 May 2025

PM security lapse: Supreme Court forms probe panel

Five-member committee headed by former apex court judge Justice Indu Malhotra

R. Balaji Published 13.01.22, 01:11 AM
Prime Minister Narendra Modi

Prime Minister Narendra Modi File Picture

A committee headed by a former Supreme Court judge, Justice Indu Malhotra, will probe the security lapses during Prime Minister Narendra Modi’s January 5 Punjab visit, the apex court announced on Wednesday.

The committee has been formed because the matter cannot be “left to be resolved through one-sided enquiries”, a bench headed by Chief Justice N.V. Ramana said, referring to the “blame game” between the Centre and Punjab’s Congress government.

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Besides Justice Malhotra, the committee will have the director-general of the National Investigation Agency (or his nominee, not below the rank of inspector-general), DGP Chandigarh, additional DG (security) Punjab, and the registrar-general of Punjab and Haryana High Court.

“These questions cannot be left to be resolved through one-sided enquiries. 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… would be best placed to effectively visit all issues and submit a comprehensive report for the consideration of this court,” the bench, which included Justices Surya Kant and Hima Kohli, said in a written order.

The court spelt out the committee’s terms of reference:
1. What were the causes of the security breach?
2. Who are responsible for the breach, and to what extent?
3. What are the remedial measures or safeguards necessary for the security of the Prime Minister or other protectees?
4. Any suggestions for improving the safety and security of other constitutional functionaries.
5. Any other incidental issue that the committee may deem fit to go into.

The inquiries ordered by the Centre and the state government will “be kept in abeyance” until the committee concludes its proceedings.

The bench “requested” the committee “to submit its report at the earliest”, and said all the records relating to the January 5 incident – seized under the court’s orders --- must be handed over to Justice Malhotra within three days.

It asked the Centre and the Punjab government to provide full assistance to the committee.

Modi had aborted a rally in Punjab on January 5 after being stuck on a flyover for 15-20 minutes, purportedly because of a farmers’ protest.

An NGO, Lawyers Voice, had petitioned the top court seeking an independent probe.

The court order noted that the Special Protection Group Act, 1988, and the “Blue Book” (SPG manual) gave “unambiguous and detailed procedure to be observed by the state authorities and the Special Protection Group to ensure full safety and security of the Prime Minister while he is touring a state”.

“The additional object is to avoid any human error, negligence or any wilful omission or commission…. Any lapse in this regard can lead to devastating and serious consequences,” the court said.

“There is, however, a blame game between the state and central government…. 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.”

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