Mumbai terror attacks:SC stays HC order on Pradhan comm report

New Delhi, Aug 4 (PTI) The Supreme Court on Tuesday
stayed the Bombay High Court order directing the Maharashtra
Government to place before it the report of Pradhan Committee
which probed government's response to 26/11 terror attacks
while disapproving directions passed by it.

The apex court expressed its displeasure that on the
sensitive issue the High Court was acting as an expert by
seeking explanation from the top officers about the impending
threat and logistics for countering terrorism.

"What is the use of disclosing it to public. What is
the advantage. Can the court prevent it. What they will score
by knowing the secret information. It will only serve for
television discussions," a Bench comprising Chief Justice K G
Balakrishnan and Justices P Sathasivam and B S Chauhan said
while commenting on the order asking the state government to
submit the report in a sealed cover to it.

The Bench stayed the High Court order directing the
Chief Secretary Johnny Joseph to file an affidavit as to why
sufficient equipment and bulletproof jackets were not provided
to the Anti-Terrorism Squad (ATS) till date.

The High Court had also asked the Chief Secretary to
explain about the steps taken after the June 17 meeting of the
the state security council, formed after the attacks, which
had discussed how digital technologies can be roped in for
tackling terror.

The Bench was irked by the order asking the Chief of
Anti Terrorism Squad K P Raghuvanshi to remain present in the
court during the next hearing on August 6.

"What is the expertise with the court to give
direction to the ATS Chief," the Bench asked staying the order
for his personal appearance before the High Court.

After the brief hearing, the Bench issued notices to
Society of Indian Law Firm (SOILF), Indian Merchants Chamber
and Mumbai-based advocate V P Patil on whose PILs the High
Court had passed the directions to Maharashtra Government, and
posted the matter for further hearing on August 21.

Advocate Lalit Bhasin, appearing for the SOILF
submitted that whatever part of the report which could
legitimately be disclosed should be allowed to be made public.

However, the Bench was not impressed with his
submission and said that it will only serve the purpose of
discussion.

"It will only become a matter of discussion at many
public forums. Will it be a good thing for the country ?" the
Bench asked.

Senior advocates Harish Salve and Mukul Rohatgi,
appearing for the Maharashtra Government, assailed the High
Court order saying that in view of the sensitivity of the
matter, secret information should not be allowed to to be
disclosed.

However, Bhasin said the High Court and the public
have a right to know about the impending threat as told by the
public prosecutor during the hearing.

"How can we tell to the High Court what are the
impending threats," Salve said adding that it will only create
panic.

Salve contended that secret measures cannot be
disclosed and recalled the live telecast of the security
action by the TV channels which was reportedly used by the
terrorists to guide the ultras involved in the 26/11 attacks.

Bhasin said it is the duty of the state government,
which "miserably failed" to provide safety and security to the
citizens, to inform the court about the lapses on its part.

However, the submission was opposed by Salve who noted
that there was failure on the part of the US when 9/11
occurred.

The PILs in the Bombay High Court had sought
to make public the report of the Pradhan Committee and action
against top police and intelligence officers for its inability
to prevent the terror attacks.

The government had not tabled the findings of the
panel before the Assembly during the recent monsoon session
and instead presented an action-to-be-taken report.

Maharashtra Government had constituted a two-member
panel comprising former bureacrat Ram Pradhan and former
Research and Analysis Wing (RAW) official V Balachandran to go
into different aspects of the Mumbai attacks. PTI RKS
SDE
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