Delhi HC directs Centre to file comprehensive affidavit on Subramanian Swamy's plea

The Delhi High Court on Monday directed the Central Government to file a better and more comprehensive affidavit, in order to assure the court that security concerns raised by Subramanian Swamy, at his private accommodation, shall be duly met.

The Delhi HC issued the direction on a plea moved by Former BJP MP Subramanian Swamy.

Justice Yashwant Varma granted time to the centre and directed the Centre to file an affidavit. The matter has been listed on November 3, 2022, for further hearing.

The Central Government's counsel placed on record the copy of the affidavit and informed the court that a joint security review has been conducted. The entire security set-up is ready.

The submission was objected to by the counsel for Subramanian Swamy who added that no infrastructural move has been made. The centre's counsel submitted that in order to depute a permanent guard, there should be some space to depute for taking rest and other things.

The High Court rejected the Centre's argument that arrangements could not be made because personnel was engaged in the management of security across the city during the festive season.

"Oh please! Don't float such general statements, that too, early in the morning. Did you withdraw security cover from him and place them to manage security during festivals?" the Court asked.

The petitioner's counsel placed on record some photographs to dispute the claim of the center's counsel.

The Centre's counsel submitted for a guard room if there is space. Otherwise, we can put 6 guards there and keep them rotating.

He also submitted that if there is no space we can make some alternative arrangements like a tent for guards. He will get whatever he is entitled to.

The bench asked the center, " When you will do it?"

"Just after he moved there." the counsel for Central Government replied. The court took an objection to this and said, " No, can't you do it simultaneously?"

"Fix a guard room there. What is the difficulty in creating a guard room there," the court questioned.

The counsel for the center submitted that it is not possible in the case of every individual in a private colony.

The court said, " He is not every individual, he is the one whom you provided Z category security."

Swamy had moved the High Court on October 27, claiming that the Central Government has failed to provide adequate security at his private residence as assured before the court.

In September the high court had asked Swamy to vacate the government accommodation.

The Counsel submitted that the applicant is a Z category security protectee. Despite the assurance given before the court by the Central Government that the security arrangements will be done at the applicant's private residence, nothing has been done to date.

The Delhi High Court on September 14, 2022, granted 6 weeks' time to BJP leader and former Rajya Sabha MP Subramanian Swamy to vacate the government accommodation. The accommodation was allotted to him in January 2016.

His tenure as MP ended in April 2022. He had sought re-allotment of the government accommodation citing security reasons after the period of 5 years lapsed.

Justice Yashwant Varma had directed Swamy to ensure the possession of his government bungalow to the Estate officer within a period of six weeks.

The bench had said that the petitioner has his own private property where can shift. As the petitioner is a Z-category protectee, the protecting agency shall ensure the safety and security of the petitioner at his private premises.

The High court had passed the order while disposing of the plea of Swamy challenging the order of eviction.

It was submitted on behalf of the petitioner Subramanian Swamy as he is a Z category protectee, the government accommodation should be re-allotted to him in view of the security threat to him.

The bench noted the submission made on behalf of the State that the State is not obligated to those being extended security cover.

Additional Solicitor General (ASG) Sanjay Jain appearing on behalf of the Ministry of Home Affairs (MHA) submitted that it is practically not possible to re-allot the accommodation to the petitioner. The petitioner has his own house in Nizamuddin East in Delhi.

He also submitted that there are members of the ministers of the council who need the accommodation. There are judges of the High Court and Supreme court also.

It was contended by the ASG that the security cover provided to the petitioner has not been downgraded. He is still a Z-category protectee.

The security threat assessment of the petitioner suggested that it does not require a government accommodation given to him, ASG submitted.

Sanjay Jain told the court that while they cannot allot the accommodation, the protecting agencies would give their services at Swamy's private residence at Nizamuddin east.

ASG Jain said that in accordance with the Public Premises Act, Swamy has been declared as an unauthorized occupant of the premises in question.

( With inputs from ANI )