The Court adjourned the matter for April 30, 2022.
A plea was moved in the Delhi High Court seeking direction to declare that the Special Protection Group (SPG) shall have absolute power of superintendence for the purpose of discharging its functions in view of the provisions of the SPG Act, 1988.
The bench of Justice DN Patel and Justice Jyoti Singh on Monday said the matter is already seized with the Supreme Court and a 'Commission' has already been appointed by Supreme Court. The Court adjourned the matter for April 30, 2022.
The plea further sought direction to the Ministry of Home Affairs (MHA) to bring in appropriate amendments to the provisions of the SPG Act, 1988 in order to ensure that the security of the Prime Minister is ensured at all times.
The plea stated that SPG as on date can only seek assistance from the authorities and has no power of superintendence, which in the present times is necessary for the purpose of ensuring the proximate security of the Prime Minister, in view of the recent lapse/breach that has taken place because of the colossal incompetence of the Punjab police.
The petitioner, Ashish Kumar through Advocate Govinda Ramanan stated that in view of the incident as happened in Punjab, it becomes evident that Section 14 of the SPG Act, 1988 in its present form lacks the teeth to ensure the absolute proximate security or protection to the Prime Minister of India.
The petitioner stated that for ensuring the absolute proximate security of the Prime Minister, all the authorities be it state, central or local should in terms of Section 14 of the Special Protection Group Act, 1988 should act as per the directions or under the superintendence of the Director or any member of the Special Protection Group, whenever directed or called upon for ensuring the proximate security of the Prime Minister and his immediate family members, while discharging their duties or functions in terms of SPG Act, 1988.
The petition also stated that the life of the Prime Minister is directly linked to national security and as such any threat to his life will have serious implications throughout the country and consequently can put the entire country into a state of turmoil, which will be further violative of the rights as guaranteed under Article 21 of the Constitution of India, the plea read.
The Prime Minister was stuck atop a flyover for 15-20 minutes while on his way to Ferozepur in Punjab earlier this month due to the road being blocked by some protesters. The Ministry of Home Affairs termed it as a "major lapse" in his security.