The Supreme Court Friday turned down the Punjab government's plea seeking statements of witnesses who have deposed before former apex court judge Indu Malhotra to probe the security breach during Prime Minister Narendra Modi's visit to the state in January 2022.
A bench of Justice Surya Kant and Justice Ujjal Bhuyan asked the state government to independently conduct the enquiry against delinquent officers without the aid of the statements.
The top court appointed a committee headed by former judge Indu Malhotra on January 12, 2022, to probe the security breach.
"After receipt of report of the committee, matter was taken up on August 25, 2022. Copy of report was directed to be supplied to Centre and state government. It was directed that report shall be kept in sealed cover in the safe custody of secretary general of this court," the bench said.
"It seems the Punjab government has now sent a letter seeking statements of witnesses to conduct further proceedings against delinquent officers," it said The top court bench said, "We see no ground to entertain the request made by the Punjab government. The state may conduct its enquiry against delinquent officers without the aid of the statements said to have been made by the witnesses before the enquiry committee." The Supreme Court-appointed committee to probe the security breach during Prime Minister Narendra Modi's visit to Punjab had found that the Ferozepur SSP failed to discharge his duty even though sufficient force was available.
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The committee had also told the top court that there should be an oversight committee for periodic revision and update of the 'Blue Book' and sensitisation courses for police officers engaged in the security of the prime minister.
The Blue Book contains an unambiguous and detailed procedure to be observed by the state authorities and the special protection force to ensure the full safety and security of the prime minister while he is touring a state.
The five-member panel had also told the apex court that the SSP had sufficient time after then Punjab ADGP G Nageshwar Rao informed him that the prime minister would be taking the contingency route. But the SSP failed to take action, it said.
The top court on August 25, 2022, said it will send the report of the five-member committee headed by former apex court judge Indu Malhotra to the Centre for appropriate action.
"Ferozepur SSP Avneet Hans failed to discharge his responsibility to maintain law and order or take steps to deploy forces to secure the route despite knowledge that there were large hostile groups on the route.
"He failed to do this even though sufficient force was available and even though he was informed two hours before that the Prime Minister would enter that route," the bench had said.
On January 5, 2022, Modi's convoy was stranded on a flyover due to a blockade by protesters in Ferozepur after which he returned from Punjab without attending any event.
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