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
Case Brief
Summary, issues, holding and outcome
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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)
Legal Issues
- 1 Whether there was a breach of security during the Prime Minister's visit to Firozpur on 5.01.2022
- 2 Who is responsible for the security lapse and to what extent
- 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
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