In view of the Centre informing the top court that the breach in security of Prime Minister Narendra Modi in Punjab was “rarest of the rare issue” and “potential of cross-border terrorism”, the Supreme Court on Friday directed the Registrar General of Punjab and Haryana High Court to secure and preserve all records in connection with the PM’s visit to Punjab, and also asked the state and Central committees to refrain from conducting inquiries till Monday, when it will take up the matter again.

On the plea seeking an independent probe into the PM’s security breach in Punjab, a bench headed by Chief Justice N V Ramana and comprising Justices Surya Kant and Hima Kohli said: “We deem it appropriate for the time being to direct the Registrar General, Punjab and Haryana High Court to secure and preserve the records relating to the Prime Minister’s scheduled tour of Punjab on January 5, 2022”.

“We direct the Director General of Police, Union Territory of Chandigarh and an officer of the National Investigation Agency, not below the rank of Inspector General, to be nominated by the Director General, National Investigation Agency, to assist the Registrar General, Punjab and Haryana High Court to forthwith secure and seize the records from the State police as well as Central agencies.”

The top court also asked the state and Central committees to refrain from conducting inquiries till Monday.

It also directed the Punjab government, including the police authorities, the Special Protection Group and any other central/state agencies to cooperate and to provide necessary assistance in securing and seizing the records.

During the hearing, Solicitor General Tushar Mehta, representing the Centre, submitted that some NIA officer should assist the court’s officer in collecting and securing the evidence, which includes wireless messages in connection with PM’s movement in the state. He claimed that the court officer may find it difficult to pin down on sources, from which information is required.

Earlier, Mr Mehta, appearing for the Centre, submitted before the bench that it was a “rarest of the rare issue” with potential of causing international embarrassment.

He said for the movement of the PM’s cavalcade on road, the concerned state Director General of Police (DGP) is always consulted to secure the route for the movement.

Citing videos in public domain, Mehta said the local police personnel were seen enjoying tea with the protestors, but they didn’t bother to inform the SPG about the protesters on the route.

He added that the PM’s cavalcade came to a halt on the flyover and one side was blocked by a large crowd of protestors. “A serious mishap could have happened…embarrassment at international level”, said Mehta.

He also pointed at the tweet of the chairman of banned organisation ‘Sikhs for Justice’, regarding the PM’s visit, calling people to come together to do whatever is required. Mehta said it indicates at cross-border terrorism and a district judge should be assisted by an NIA official to collect the record pertaining to PM’s visit in Punjab. “Potential of cross-border terrorism…”, Mehta reiterated.

Mehta added, “A signal must go from the highest court of this country that this won’t be tolerated.”

Senior advocate Maninder Singh, representing the Delhi-based petitioner Lawyer’s Voice, emphasised on the importance of protection to the PM of the country and cited previous top court ruling that looked at the SPG Act.

Singh contended the incident happened in an election-bound state and it must be ensured that such incidents don’t happen again. He added that the Punjab government has no exclusive right to appoint a panel to inquire into this incident.

Posting the matter for further hearing on January 10, the top court said: “The Registry is directed to forward a copy of this order electronically, forthwith, to the Registrar General, Punjab and Haryana High Court, the Director General of Police, Union Territory of Chandigarh, the Director General, National Investigation Agency and the Principal Secretary Home, State of Punjab.”

On January 6, the Ministry of Home Affairs constituted a three-member committee to enquire into the “serious lapses in the security arrangements” during the PM’s visit to Ferozepur, in poll-bound Punjab. The MHA said: “The committee will be led by Sudhir Kumar Saxena, Secretary (Security), Cabinet Secretariat, and comprising of Balbir Singh, Joint Director, IB, and S Suresh, IG, SPG.”