New Delhi: The Supreme Court bench led by the Chief Justice of India, NV Ramana, has ordered a committee headed by a retired Supreme Court judge to investigate the matter of the Prime Minister's security breach on his way to a political rally in Ferozpur, Punjab last week.
The bench also comprising of Justice Hima Kohli and Justice Surya Kant was hearing a petition by "Lawyers Voice" which sought an investigation into the matter. In the last hearing the court had asked for all the records to be presented before it.
Today, the Punjab government submitted before the court that it has been issued 7 show cause notices without being given an opportunity for a hearing. It said that it will not get a fair hearing from the Centre or any agency and therefore the court should appoint an independent committee to look into the matter.
Solicitor General of India, Tushar Mehta, argued that there was a total breach of the Blue Book and SPG Act and there is no use of hearing. He submitted that it was a complete intelligence failure and the state is just defending its officers. He argued that the PM's travel was not unscheduled, he was to travel by chopper but due to bad climate conditions, it was communicated to the state that he might travel by road and there was a rehearsal also a day before. Convoy was started after the DGP was consulted, said SG Mehta.
Justice Hima Kohli pulled up the Centre and asked that if it has already made up its mind then what is the use of coming to this court. Justice Surya Kant said that Centre's show-cause notice is self-contradictory.
"By constituting committee you seek to inquire if there was a breach of SPG Act and then you hold state Chief Secretary and DG guilty. Who held them guilty? DG and CS is a party before us and we will come to know who is responsible for the lapse. The state and petitioner want a fair hearing and you cannot be against a fair hearing. So why this administrative and fact inquiry by you at all?" questioned the court.
SG suggested the inclusion of IG to which AG of Punjab raised an objection and said that IG is as guilty as the state and the secretary who is heading the committee is a secretary in the Home Ministry who has already held the state officers guilty.
"Let an independent committee be appointed, I will face the music...In this Centre's committee, I have no hope," submitted AG DS Patwalia for Punjab.
"Mr. Mehta and Attorney General, we are thinking on these lines. A retired Supreme Court judge will head the committee and the members will be the same as indicated before. DGP, IG, NIA, and Registrar General," said CJI after discussing with judges on his bench. Centre and Punjab both agreed and raised no objection.
Detailed order regarding the same will be uploaded later and the matter will be kept pending in the court.
Read: PM's security breach: Haryana CM Khattar demands President's rule in Punjab
