The Supreme Court intervened by staying an order from the Punjab & Haryana High Court, which had directed the opening of a road outside the residence of the Punjab Chief Minister to the public. This decision comes after opposition from both Punjab and Chandigarh administrations, citing concerns about security risks and terrorism resurgence. The stay order puts a pause on the implementation of the High Court’s directive, allowing the writ petition proceedings to continue.
NEW DELHI: Today (3rd May): The Supreme Court stayed an order issued by the Punjab and Haryana High Court to open the road outside the residence of Punjab Chief Minister Bhagwant Mann to the public. The decision came after both the Union Territory of Chandigarh and the State of Punjab jointly opposed the High Court’s directive.
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The Supreme Court, comprising a bench of Justices Sanjiv Khanna and Dipankar Datta, has issued a stay order on the Punjab and Haryana High Court’s decision to open the road outside Punjab Chief Minister Bhagwant Mann’s residence on a trial basis.
The court has also issued a notice to the Union Territory of Chandigarh regarding the matter. The stay order implies that the road will remain closed until further orders from the apex court, ensuring that the public is not inconvenienced.
During the proceedings, the Solicitor General raised objections to certain observations made by the High Court regarding intelligence reports, questioning the court’s characterization of these reports as a “figment of imagination.”
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The Supreme Court concurred with the Solicitor General’s objections, acknowledging that these observations were unnecessary. However, the apex court maintained that the inconvenience caused to the public should be avoided.
“Issue notice. The direction on opening roads on a trial basis is stayed until further orders, but the writ petition proceedings before the High Court can continue,” the apex court ordered.
Solicitor General (SG) Tushar Mehta, appearing for the Chandigarh administration, submitted that the move could have grave implications for someone’s life.
“This is playing with somebody’s life,” SG said.
“Unfortunately, in recent years, there has been a resurgence of terrorism. Grenades were thrown at our intelligence building.”
Punjab Advocate General too weighed in.
“Roads will not protect from that,” the Court remarked.
Solicitor General Tushar Mehta, representing the Chandigarh administration, stated that such a move could endanger someone’s life, particularly in the context of a resurgence of terrorism in recent years. The Punjab Advocate General also supported this stance, emphasizing that roads alone would not provide protection against security threats such as grenade attacks on intelligence buildings.
“How can the High Court say intelligence reports are figments of imagination?” the SG asked. “Yes, those observations were not unnecessary,” the top court concurred.
The case reached the Supreme Court when the Punjab government filed an appeal against the Punjab & Haryana High Court’s order issued on April 27. The High Court had directed the opening of a 500-meter stretch outside Chief Minister Bhagwant Mann’s residence, connecting Sukhna Lake to Nayagaon, on a trial basis starting on May 1.
The court had further instructed the Chandigarh Police to engage experts in preparing a traffic management plan for the road, which was to be open from 7 am to 7 pm on working days. The closure of this area to the public since the 1980s has led to significant detours for commuters.
The police forces of Haryana and Punjab, along with the Chandigarh administration, had opposed the reopening plans during the High Court’s hearing of petitions related to the Union Territory’s infrastructure. The concerns raised regarding security and potential threats were cited as reasons for their objection.
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The Supreme Court’s stay order on the High Court’s directive to open the road outside Punjab Chief Minister Bhagwant Mann’s residence has temporarily halted the implementation of the trial basis road opening. The apex court recognized the concerns raised by the authorities while emphasizing the need to avoid inconveniencing the public.
Case Title: State of Punjab vs Union Territory of Chandigarh and ors
