PM Modi Security Lapse: Justice Indu Malhotra headed Enquiry Committee submits report; Supreme Courts asks Central and Punjab Governments to take further action

Supreme Court: After Enquiry Committee headed by Justice Indu Malhotra, former Judge of the Supreme Court of India, had submitted the report on the alleged breach of security that left Prime Minister Narendra Modi stuck on a highway in Punjab for 20 minutes on 05.01 2022, the 3-judge bench of NV Ramana, CJ and Surya Kant and Hima Kohli, JJ has sent the report to the Central and State Government for appropriate action against delinquent officers.

According to a news report, the Enquiry Committee has found that Ferozpur SSP Harmandeep Singh Hans had failed in executing his duty of ensuring the prime minister’s security despite having the necessary information around two hours in advance[1].

On 12.01.2022, in Lawyers Voice v. State of Punjab, 2022 SCC OnLine SC 42, the Court had observed that the matter cannot be left to be resolved through one-sided enquiries and 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 who has seized the record,   would be best placed to effectively visit all issues and submit a comprehensive report. The Court, hence, formed a committee to be chaired by Justice Indu Malhotra, former Supreme Court Judges.

PM Modi Security Lapse: “War of words no solution”; SC appoints Committee headed by Justice Indu Malhotra to look into the matter 

While the lapse regarding the breach of security of the Prime Minister during his visit to Firozpur on 5^th January, 2022 was not seriously disputed by either party, the Court, however, had not appreciated the blame game between the State and Central Government as to who is responsible for such lapses.

“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.”

[Lawyers’ Voice v. State of Punjab, 2022 SCC OnLine SC 1096, order dated 25.08.2022]

For Petitioner(s): Mr. Maninder Singh, Sr.Adv. Mr. Pranav Saigal, Adv. Mr. Prabhas Bajaj, Adv. Mr. Sandeep Singh, AOR

For Respondent(s): Mr. Tushar Mehta, SG Mr. K.M. Nataraj, ASG Mr. Rajat Nair, Adv. Mr. Kanu Agrawal, Adv. Ms. Jaspreet Gogia, AOR Mr. Ajay Pal, Adv. Mr. Varinder Kumar Sharma, AOR Mr. Parul Sharma, Adv. Mr. Shantanu Sharma, Adv. Mr. Yugal Kishore Prasad, Adv.

[1] Firstpost, SC panel report: PM Modi’s security breach in Punjab was callousness of the highest order by Monica Verma, dated August 25, 2022