Delhi HC seeks Centre’s comprehensive stand on Subramanian Swamy’s plea over security

Dr. Swamy moved the court claiming the Centre had failed to ensure security arrangements at his private residence after the court had directed him to vacate the government accommodation he was allotted in 2016

Dr. Swamy moved the court claiming the Centre had failed to ensure security arrangements at his private residence after the court had directed him to vacate the government accommodation he was allotted in 2016
Dr. Swamy moved the court claiming the Centre had failed to ensure security arrangements at his private residence after the court had directed him to vacate the government accommodation he was allotted in 2016

File better affidavit to show Swamy’s security concerns addressed“, asks Delhi HC to Centre

Expressing displeasure, the Delhi High Court on Monday sought a comprehensive affidavit from the Centre assuring it would address security concerns at the private residence of former BJP MP Subramanian Swamy, who is having Z category security cover. The court was informed by the Central government that a security review of Swamy’s private house, where he would be residing after vacating the government-allotted bungalow, has been undertaken. Swamy’s advocates Jayant Mehta and Satya Sabharwal said that no security systems were installed in Swamy’s house in the Nizamuddin area, Delhi

The Centre’s lawyer said, “skeletal security” has been provided at Swamy’s private residence and the “main guard would move along with him” from the government bungalow. If there is no place to set up adequate infrastructure such as a guard room six security personnel would be placed on a rotation basis at Swamy’s private house, the lawyer said. “The day he intimates us, the entire setup will move to his new house,” the lawyer said.

The government responded to Swamy’s claim that despite an earlier assurance, the Centre has yet to make adequate security arrangements at his private accommodation. “Whatever his entitlement is, he will get it. Whatever the standard procedure is for private spaces,” the Centre’s lawyer told the court as he claimed that a “compliance affidavit” has been filed in the matter.

Justice Yashwant Varma, however, questioned the Centre over the absence of infrastructure facilities at the private residence as well as when the arrangements would be put in place and how it would “rotate six guards”. The lawyer said that he would put Centre’s stand in relation to the Court’s queries on an affidavit.

The Judge said that “it is better that I put everything on the affidavit. Because for us to provide such guard rooms to each and every private individual…”. The Court, however, said, “He is not every private individual, he is an individual to whom you have granted Z category.”

The lawyer assured the Court that all adequate arrangements would be done according to applicable protocol. “(Centre’s counsel) prayed for and is granted time to file a better comprehensive affidavit in order to assure the Court that the security concerns pertaining to the petitioner shall be duly met,” the court ordered.

Senior advocate Jayant Mehta, appearing for Swamy, contended that security-related facilities are yet to be provided at the former MP’s private residence. While October 26 was the last date given to him to vacate the government bungalow, authorities “visited” the new premises only after the matter was mentioned before the High Court on October 27. The Centre’s counsel asked the Court to note that there were festivals when “there is heightened security risk”.

However, the Court asked the counsel not to make “generic statements”. On September 14, the Court had directed Swamy to hand over possession of his government bungalow to the estate officer within six weeks, noting that the allotment was made for a period of five years, which had come to an end.

Swamy is a Z category protectee and got accommodation in December 2015 and continued at the same place when he became Rajya Sabha Member in April 2016. But when his Rajya Sabha tenure ended in April 2022, Urban Development Ministry asked to vacate the accommodation. Swamy approached Delhi High Court in September 2022 arguing for the continuation of the accommodation citing his Z-category security. CRPF handles Swamy’s security under Union Home Ministry.

However, the Central government opposed the plea arguing that even though the security perception towards Swamy had not been downgraded, there was no obligation on the government to provide accommodation to him along with security cover. The government also told the Court that Swamy had a house in Delhi where he could shift and those protection agencies would take all steps to ensure his safety there.

Subramanian Swamy got Z-category protection in 1991 due to LTTE threats. When his arch-rival A B Vajpayee became Prime Minister, Swamy’s security was cut to Y Category. Z category level security was re-instated in 2015 by the BJP Govt.

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