LAWYERS VOICE versus THE STATE OF PUNJAB & OTHERS

LAWYERS VOICE versus THE STATE OF PUNJAB & OTHERS

Given the admitted security lapse and the conflict between State and Central accounts, the Court appointed an independent Enquiry Committee led by a former Supreme Court judge, directed seizure and preservation of all relevant records by the Registrar General of the Punjab and Haryana High Court with assistance from specified agencies, and kept ongoing Central and State enquiries in abeyance until the Committee reports.

Parties
Petitioner: LAWYERS VOICE; Respondent: The State of Punjab; Respondent: Union of India
Jurisdiction
India
Judgment Date
12 January 2022
Procedural Posture
Writ Petition (civil) No. 13 of 2022 Under Article 32 of the Constitution of India / Original Jurisdiction (order Directing Enquiry and Interim Directions)
Outcome
Court directed seizure and preservation of records, appointed an independent Enquiry Committee to investigate the security breach, and kept other enquiries in abeyance pending the Committee's report.
Legal Topics
Breach of Security of Prime Minister, Enquiry Committee/independent Inquiry, Special Protection Group Act Compliance, Inter Agency Coordination, Seizure and Preservation of Records

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Parties

LAWYERS VOICE

Petitioner

The State of Punjab

Respondent

Union of India

Respondent

Procedural Posture

Writ Petition (civil) No. 13 of 2022 Under Article 32 of the Constitution of India / Original Jurisdiction (order Directing Enquiry and Interim Directions)

  1. 1 Whether there was a breach of security during the Prime Minister's visit to Firozpur on 5.01.2022
  2. 2 Who is responsible for the security lapse and to what extent
  3. 3 Whether an independent, judicially-led enquiry is required and its scope

Ratio Decidendi

Given the admitted security lapse and the conflict between State and Central accounts, the Court appointed an independent Enquiry Committee led by a former Supreme Court judge, directed seizure and preservation of all relevant records by the Registrar General of the Punjab and Haryana High Court with assistance from specified agencies, and kept ongoing Central and State enquiries in abeyance until the Committee reports.

Court Disposition

Court directed seizure and preservation of records, appointed an independent Enquiry Committee to investigate the security breach, and kept other enquiries in abeyance pending the Committee's report.

Orders

  • Registrar General, Punjab and Haryana High Court to secure and preserve records relating to the Prime Minister's scheduled tour of Punjab on 05.01.2022 and keep them in safe custody
  • Director General of Police, Union Territory of Chandigarh and an NIA officer not below IG to assist Registrar General to secure and seize records from State police and Central agencies