Summary
Following the security breach during the Prime Minister’s Punjab visit on 5 January 2022, the Court appointed an independent enquiry committee chaired by former Supreme Court Judge Indu Malhotra. The breach itself was not seriously disputed, but responsibility was contested between the Union and State. The committee was to identify causes and responsibility and recommend safeguards. Existing Union and State enquiries were held in abeyance pending its proceedings. The order made no final finding fixing individual responsibility; the writ petition remained pending for consideration of the report.
Issues
- How an independent enquiry should investigate the disputed responsibility for the security breach and recommend measures against recurrence.
Held
- Conflicting Union and State positions required an independent judicially led enquiry rather than one-sided investigations. A judicially trained chair assisted by security officials and the High Court Registrar General, who had secured the records, was best placed to examine the issues. (¶ 8-13)
- The committee was to examine the causes of the breach, identify who was responsible and to what extent, recommend remedial safeguards for the Prime Minister and other protectees, suggest improvements for constitutional functionaries and consider incidental issues. Its report was requested at the earliest. (¶ 13-15)
- The seized records were to be transferred to the chairperson within three days and both governments were to provide full assistance. Union and State enquiries were kept in abeyance until conclusion of the committee proceedings; the matter would be listed after receipt of its report. Individual culpability was not finally adjudicated. (¶ 16-19)
Result
Independent enquiry committee constituted and supporting directions issued; Union and State enquiries held in abeyance; matter to be listed after receipt of the report.