PM Modi security breach: 5 reasons why the Supreme Court ordered a judicial probe and 5 aspects the Committee will examine

A war of words between the Central government and the Punjab government will not address the issue of the security breach that occurred during the State visit of Prime Minister Narendra Modi, the Supreme Court observed on Wednesday while ordering a probe into the same by a five-member Judicial Committee [Lawyers Voice v. State of Punjab]..A three-judge Bench of Chief Justice of India NV Ramana and Justices Surya Kant and Hima Kohli said that a judicially trained independent mind needs to go into the issue and it cannot be left to be resolved through one-side enquiries."There is a 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," the Court observed in its order..It, therefore, appointed a Committee headed by retired Supreme Court judge Justice Indu Malhotra to probe the matter. The other members of the Committee are:- Director General of the National Investigation Agency or his nominee not below the rank of Inspector General of Police;- Director General of Police, Union Territory of Chandigarh;- Additional Director General of Police (Security), State of Punjab;- Registrar General, Punjab and Haryana High Court (as member cum coordinator).The order came to be passed in a plea by an organisation called Lawyers Voice seeking a court-monitored probe into the alleged security breach during PM Modi's Punjab visit..The following five reasons can be gathered from order as grounds for ordering a judicial probe:- 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 who has the records about the incident would be best placed to effectively visit all issues and submit a comprehensive report;- Counsel officer(s)/Authority responsible for the lapse should be identified; - There is also a greater urgency to evolve new measures that may ensure there is no recurrence of such lapses in the future;- Solicitor General appearing for the Union of India, supported the submission of the Petitioner and prayed for a detailed independent enquiry; Advocate General for the State of Punjab also fairly expressed his willingness for an independent enquiry ordered by this Court..The following are the terms of reference of the committee:i. What were the causes for the security breach for the incident on 5th January 2022?ii. Who are responsible for such a breach, and to what extent?iii. What should be the remedial measures or safeguards necessary for the security of the Hon’ble Prime Minister or other protectees?iv. Any suggestions or recommendations for improving the safety and security of other Constitutional functionaries.v. Any other incidental issue that the Committee may deem fit and proper..[Read order]

PM Modi security breach: 5 reasons why the Supreme Court ordered a judicial probe and 5 aspects the Committee will examine

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