In the Report of Justice J.S. Verma Commission, SPG finds a passing mention in the context of the inquiry into the aspect whether the assassination could have been averted; however, in this inquiry, where the sequence of events leading to the assassination is required to be traced, a detailed examination of SPG, its genesis, structure, quality and functioning as an exclusively trained proximate security force becomes essential.

4.3 The genesis of SPG can be traced to the constitution of a group of security experts by the Secretary, Ministry of Home Affairs on February 15, 1985, the objective of which was to examine various aspects related to Prime Minister's security including setting up of an exclusive Force entrusted with PM's security, its structure and training etc. (Annexure S- 1, Ex 376). The group was headed by Birbal Nath, Officer on Special Duty ( Law and Order), Ministry of Home Affairs and comprised representatives of M/ Home, Delhi Police, Intelligence Bureau and Research & Analysis Wing.

4.4 The Group submitted its recommendations on March 16,1985. Relevant recommendations of the Committee are summarised below (Ex. 376, Chapter V):-

There is a vital link between intelligence and security ..but intelligence by itself cannot provide security. The well identified threats to the security of the VVIP in India arise from Sikh extremists, J&K Liberation Front and Anand Margis.

( Chapter II, Paras 2.3 - 2.5)

Inherent in the exercise of power is the process of antagonisation of some individuals and sections as no action taken by a government can find universal acceptance. (CHAPTER III, para 3.1)

World over the response of Government to increasing threats to their VVIPs has been marked by the creation of a highly trained special force to protect the VVIP which provides proximate security to the VVIP wherever he goes. (para 3.20)

There should be a compact, elite, specially trained unit to provide security to the VVIP. This elite force should conform to a work culture of excellence and should not accept any compromise in performance.

(Chapter IV ,paras 4.1, 4.3)

4.5 This Committee of Security Experts had correctly realised that given the changing threat scenario with respect to the Prime Minister, it had become imperative that an exclusive, elite, compact and well trained force be raised to meet the threat. The SPG was resultantly created through an executive order of the Government on 30th March, 1985.

4.6 Several witnesses who deposed before the Commission have also spoken about the need for raising a special force for the protection of the Prime Minister. Relevant extracts of the depositions are reproduced below :-

a) Shri P. Chidambaram, the then Minister of State for Internal Security, (deposition dt. 7.12.96) :-

"....given the security situation in India, it was necessary to create a special force to protect the person holding the Office of P.M. Because the previous PM was assassinated by her own security guards it was necessary to have a specially trained security force for the PM.

It is a fact that Shri Rajiv Gandhi was son of an assassinated PM and that may have been a reason or a factor taken into consideration for creating SPG."

b) Shri V.G. Vaidya, former Director, Intelligence Bureau, stated that -

Deposition dt. 17.12.96 :-

"SPG was set up and provided to Shri Rajiv Gandhi in 1985. The background was Smt. Indira Gandhi's assassination, Riots had taken place earlier to the setting up of the SPG. I produce the report of Birbal Nath Committee for constitution of SPG."

c) Shri R. Vasudevan, the then Special Secretary in the Prime Minister's Office has elaborated on the need for the creation of SPG as follows :-

Further statement of Shri R. Vasudevan - 2nd May,1996 :-

"The threat perception was very very high after the assassination of Smt Indira Gandhi and circumstances that followed in and around Delhi to Mr Rajiv Gandhi and his family. I agree that it was felt necessary to set up SPG immediately after the assassination of Smt Indira Gandhi. It was set up in 1985 although there was no Act at that time."

4.7 Shri V.P. Singh, former Prime Minister of India described the need for setting up of SPG as follows :-

Deposition of V.P. Singh dt. 28.10.1996, Page No.4-6 :-

"At the time of assassination of Smt.Gandhi, the existing security system changes would have been made.......... After her assassination, the security experts came to the conclusion that in view of the increased threat in the changed circumstances, the security arrangement should be stepped up which led to the formation of a Special Protection Group. But still, it did not have the character of the Armed Force....."

4.8 Events which led to the creation of the SPG are enumerated below (Ex. 376):-

A meeting of Committee of Secretaries was convened on 21.3.1985 by the Cabinet Secretary and attended by Secretaries, Home and Department of Expenditure, Director, R&AW, Director, Intelligence Bureau and other officers. (Annexure S- 2) The Committee resolved that :-

The name of the Force may be Special Protection Unit (SPU) headed by an Inspector General of Police who will bear total responsibility for the functioning of the Unit. SPU be located in Delhi.

Contact with the Intelligence Bureau be maintained by giving to the IG, an appropriate ex-officio status in the IB.

The 780 strong Force would comprise totally of deputationists obtained through a very strict selection process to be laid down in specific details.

A single substantial allowance over and above the emoluments drawn by the deputationists in his parent cadre should be provided as a percentage to the personnel who join SPU.

The Ministry of Home Affairs, in consultation with the Department of Law should make appropriate legal provisions to cover the functioning of SPU.

Till the legislation is carried through, legal cover, ad interim, should also be made available.

The responsibilities relating to the IB the Delhi Police and the SPU will need to be carefully delineated.