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CHANDIGARH: The Supreme Court on Friday declined Punjab government’s plea seeking copies of the statements made by witnesses before the apex court constituted enquiry committee headed by retired judge, Justice Indu Malhotra to probe Prime Minister Narendra Modi’s security breach during his visit to Ferozepur on January 5, 2022.
“The government of Punjab is expected to conduct a fair and just enquiry against the delinquent officers without the aid of the statements said to have been made by some witnesses before the enquiry committee headed by Hon’ble Ms Justice Indu Malhotra (retired),” said the division bench comprising Justice Surya Kant and Justice Ujjal Bhuyan. The court made it clear it sees no ground to entertain the Punjab government’s request made through its letter dated October 25. The Punjab government had mentioned in its letter that the accurate statements of these witnesses is necessary to conduct further proceedings against the delinquent officers.
The Supreme Court had constituted Justice Malhotra headed enquiry committee through an order dated January 12, 2022 to investigate the Prime Minister’s security breach. In a major security lapse, the Prime Minister’s carcade remained stuck over a flyover for nearly 20 minutes on Moga-Ferozepur highway as the farmers were protesting against his visit on January 5, 2022.
After the enquiry committee submitted its report to the Supreme Court, the court had on August 25, 2022 directed its registry to supply a copy of the said report to the central as well as the Punjab government for further action. But after much delay and central government’s reminders, the Punjab government had on March 20, 2023 decided to initiate disciplinary proceedings for ‘major penalty’ against former DGP Siddharth Chattopadhyaya, then DIG Ferozepur range Inderbir Singh and then SSP Ferozepur Harmandeep Singh Hans for breach of Prime Minister’s security.
The state government had also then decided to call explanations from then ADGP (law and order) Naresh Arora, then ADGP (cyber crime) G Nageshwara Rao, then IG Patiala range Mukhwinder Singh Chhina, then IG counter intelligence-cum-ASLO and nodal officer Rakesh Agrawal, then DIG Faridkot Surjeet Singh, then SSP Moga Charanjit Singh as to why disciplinary proceedings should not be initiated against them as recommended by the Supreme Court constituted enquiry committee. But the final action against any of these officers is yet to be taken by the state government.
Later, the Punjab home department on November 25, 2023, decided to suspend seven police officials in this case. These include SP Gurbinder Singh, DSPs Parson Singh and Jagdish Kumar, Inspectors Jatinder Singh and Balwinder Singh, Sub Inspector Jaswant Singh and ASI Ramesh Kumar. The Punjab home department had sent their case to Punjab police chief Gaurav Yadav asking for a draft chargesheet against them for major penalty under Rule 8 of Punjab Civil Service (Punishment and Appeal) Rules, 1970 besides list of evidence and other documents.
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