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Subramanian Swamy moves Delhi HC over Centre’s failure to provide security at his private residence

New Delhi: Former BJP MP Subramanian Swamy moved a plea before the Delhi High Court claiming that the Central Government had failed to provide adequate security at his private residence as assured before the court.

The application has been listed for hearing on Monday. In September the Delhi high court had asked Swamy to vacate the government accommodation.

The matter was mentioned by the senior advocate Jayant Mehta before the bench headed by chief justice Satish Chandra Sharma.

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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 bunglow to the estate officer within a period of six weeks.

The bench had said that the petitioner has his own private property where he 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 allow 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.

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