SC stays Punjab and Haryana High Court order on reopening of road in front of Punjab CM’s house in Chandigarh

Tribune News Service

Satya Prakash

New Delhi, May 3

The Supreme Court today stayed the Punjab and Haryana High Court’s order for reopening of the road in front of the Punjab Chief Minister’s residence in Chandigarh to the public from May 1.

A Bench of Justice Sanjiv Khanna and Justice Dipankar Datta also issued notice on the Punjab Government’s petition and posted the matter for further hearing in September.

What HC had observed

Taking up a suo motu case on Chandigarh’s infrastructure development and comprehensive traffic solutions, the Bench of Justice GS Sandhawalia and Justice Lapita Banerji had observed that the road was closed during the time of terrorism in the 1980s and things had undergone a sea change since then. The road remained closed in spite of the fact that there was a 100-foot green belt between the road and the CM’s residence in addition to a slow-carriageway.

State’s contention

“Unfortunately, in recent years there is a resurgence of terrorism in the state. Grenades were thrown at our intelligence building…,” said Punjab Advocate General Gurminder Singh

UT backs govt’s plea

On behalf of UT, Solicitor General Tushar Mehta supported the Punjab Government’s submissions. “Terrorists have to succeed once, the agencies will have to succeed every time… How can the High Court say intelligence reports are figments of imagination?” asked Mehta.

“Direction on opening road on trial basis is stayed till further orders but the writ petition proceedings before the High Court can continue,” the Bench said.

The top court passed on the state government’s petition challenging the High Court’s order.

A Bench of Acting Chief Justice Gurmeet Singh Sandhawalia and Justice Lapita Banerji of the Punjab and Haryana High Court had last week ordered the reopening of the road in front of the Punjab CM’s residence initially for 12 hours daily on all working days from 7 am to ease the traffic situation.

During the hearing, the High Court had noted that the road was closed during terrorism in the 1980s and things had undergone a sea change since then. There was a 100-foot green belt between the road and the CM’s residence in addition to a slow-carriageway, the High Court had said.

The top court’s order came after Punjab Advocate General Gurminder Singh submitted that the reopening of the road in front of the Chief Minister’s residence, which has been closed since the 1980s due to terrorism, in Chandigarh would pose a security threat. “Unfortunately, in recent years there is a resurgence of terrorism in the state. Grenades were thrown at our intelligence building…,” Singh said, adding that singer Sidhu Moosewala was killed two days after withdrawal of his security.

It was not right on the part of the High Court to describe intelligence reports as a figment of imagination of the state government.

On behalf of the Union Territory of Chandigarh, Solicitor General Tushar Mehta supported the Punjab Government’s submissions and urged the top court to stay the High Court’s order.

“Terrorists have to succeed once, the agencies will have to succeed every time… How can the High Court say intelligence reports are figments of imagination?” asked Mehta.

“Yes, those observations were not unnecessary… Nobody wants anything untoward to take place,” the Bench said.

Initially, the Bench said the public cannot be inconvenienced. “In Chandigarh, I understand there are service roads everywhere. Let it continue for a week?”

However, after both the Solicitor General and the Punjab Government insisted that they couldn’t take any chance with the security of the Chief Minister, the top court agreed to stay the High Court’s order.

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