SC stays opening of road outside Punjab CM house: ‘Nobody wants anything untoward should happen’

Issuing notice on the state government’s appeal challenging the HC order, a bench of Justices Sanjiv Khanna and Dipankar Datta said “both state and union of India feel that keeping in view the threat perception, it may not be advisable to open the road even for one week on experimental basis as any untoward happening during the time would lead to chaos”.

Posting the matter for further hearing on September 2, it said “till the next date of hearing, there will be stay of the direction for opening of the road on experimental basis from May 1”.

It, however, clarified that other proceedings in the writ petition before the HC can continue.
The bench also issued a notice and sought the response of the Chandigarh Administration by September 2.

During the hearing, the top court asked what is the problem in reopening the road on an experimental basis.

Appearing for the state, Advocate General Gurminder Singh contended that that the high court had brushed aside the threat perception as a “figment of imagination”, ignoring the reports pertaining to the security issues that will arise with the opening of the road.

The Punjab AG further contended that the HC order was passed without considering the security and safety concerns and the threat perception to Punjab CM, and the fact that Punjab is a border state and the sensitivity, security scenario there is different from other states.

He further argued that HC failed to consider the resurgence in the radical activities in the state since 2017 in the form of targeted attacks and killings, and the past incident of assassination of a Punjab CM.

The Punjab AG pointed out that singer Subhdeep Singh, alias, Sidhu Moosewala, was killed two days after his security detail was scaled down. He also referred to a Rocket Propelled Grenade (RPG) attack on the Punjab Police’s Intelligence headquarters in the past.

“They are waiting for that one opportunity,” Singh submitted.

“If rockets are hurled, then the road blockade will not help you,” Justice Khanna observed. To a query from the bench about the distance between the road and the CM’s residence, the AG said it is only about 30 metres.

Appearing for the Centre, Solicitor General Tushar Mehta submitted that it’s not correct to term inputs of intelligence agencies are figments of imagination. Mehta said, “Let security arrangements be left to the government. The state is saying there is a threat perception. We have experience”.

The Punjab AG referred to a social media post, which said the incumbent CM is going to meet the same fate as former CM Beant Singh “who was killed 100 metres away by a human bomb”.

Mehta asked who would take the responsibility if something untoward happens during the one week that the HC wants the road opened. Singh pointed out that there is an alternate route 100 metres away.

Justice Datta asked since when has this road been blocked to which Singh replied that it has been closed since almost 1980’s. The bench wondered how many more years will it continue to be blocked and asked “is it not a feasible option to find an alternative place”.

Singh said, “They are making a bypass. Once it’s completed, there will be no requirement to open this road”

To the bench’s query when it would be completed, he said, “I think within a few years, it should be done”.

Expressing surprise that it’s still not complete, the bench said that the construction of the bypass should be expedited. “By now, it should have been done on your own,” said Justice Khanna.
Mehta said the intelligence agencies foil several plots before they can be materialised and hence the public do not come to know about them.

“Nobody will like something untoward should happen,” said Justice Khanna. Mehta added that there is a filmy dialogue. “The terrorist have to succeed once. The agencies will have to succeed every time”.

The high court on April 22 had ordered the opening of the 500-metre road, connecting the Sukhna lake to Nayagaon, on a trial basis from May 1. The high court had also directed the Chandigarh Police to engage traffic experts for preparing a traffic management plan for the road that was to be opened from 7 am to 7 pm on working days.

Since the closure of the road, people moving between Nayagaon and the Sukhna lake were forced to take long detours via adjacent sectors of the city.

The official residences of the Punjab and Haryana chief ministers are situated on the road and therefore, the police of both states and the Chandigarh administration had opposed the plea for its opening.