PM security matter: Plea in Delhi HC seeks absolute power of superintendence to SPG

A plea has been moved in 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 plea further seeks direction from the Ministry of Home Affairs 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 states 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 states 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. 

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The Division Bench of Justice DN Patel and Justice Jyoti Singh is scheduled to hear the petition on Monday. 

The petition also states 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.