‘Open road in front of Punjab CM residence on trial basis from May 1’: High Court pulls up Chandigarh Police

The road in front of CM’s residence was closed during the time of terrorism in the 1980s.

The matter is scheduled for hearing on May 13.

The bench referred to a similar exercise being carried out at the Lake on weekends where the road is partially blocked to make it vehicle-free for those visiting the Lake which witnesses a heavy footfall on weekends.

“A similar exercise, thus, can also be conducted for the said stretch of road. It is also open for the authorities that in case they have any prior notice of any demonstration which is to take place, they can take redressal steps to ensure that the demonstrators do not reach the sensitive portions,” the court held.

The Bench passed the directions while hearing a suo-motu matter on issues concerning the traffic system and infrastructure in Chandigarh.

The HC had earlier noted that the road was closed during the time of terrorism in the 1980s and things have changed since then. It had further asked the Chandigarh administration to reconsider the issue of the closed road in front of the Punjab Chief Minister’s residence, which is causing inconvenience to the people, and had also asked the Chandigarh Administration to file an affidavit in this regard.

During resumed proceedings of the matter, an affidavit of Kanwardeep Kaur, Senior Superintendent of Police, Chandigarh, was taken on record, which mentioned threat perception, firstly, to the Chief Minister of Punjab, while making reference to the fact that Rocket Propelled Grenades (RPGs) have also been used in two instances in Punjab, while also some examples have been given of the incident which happened in a Tarn Taran district police station, situated at a distance of about “230 km from Chandigarh”.

The affidavit of SSP also averred threat perception that a vehicle carrying a heavy amount of explosives could approach the residence of the Chief Minister or the road enclosed quarters.

The HC also perused the opinion of the Additional Director General of Police, Security, Punjab, and noted that, “Much ado has been made about a gentleman called Gurwant Singh Pannu who is based in USA and has not stepped on the Indian soil for long.”

The bench thus said that we feel that the inputs as such regarding the threat of drones and the RPGs being used would go on to show that the “opinion is based on a closed mind-set of the authorities who are insensitive to the general public’s convenience”.

The Bench also noted threat perception from the State of Haryana, which “if examined closely, would go on to show that examples have been given of how various associations comprising elderly, handicapped and widow women have come to give representations outside the residence of the Chief Minister.”

The Bench also criticised the government stand by stating that “when people have come to their elected representatives to show their grievances that is also considered a threat perception. The basic criteria which is the reason for closing the road as such is, thus, apparently based on a figment of imagination of the authorities.”

The Acting Chief Justice mentioned that Lord Acton’s quote that ‘power tends to corrupt and absolute power corrupts absolutely’ would aptly apply to the police authorities who are blocking access to the lawyers and general public residing in Naya Gaon to approach the High Court by the shortest route.

The Bench also made it clear that the proposed mobility plan for Chandigarh Tricity which has been acted upon shall also be positively acted upon by Punjab.

“There is no tangible reason as such for the State of Punjab to drag its feet on the same since it is going to be a beneficiary of the mobility plan”, said the HC.