Delhi High Court Directs Centre To File 'Better Affidavit' On Subramanian Swamy's Security Concerns

The Delhi High Court on Friday directed the Central Government to file a "better comprehensive affidavit" to assure the court that security concerns raised by the former Rajya Sabha MP Subramanian Swamy with regard to his private accommodation in the national capital "shall be duly met".

Justice Yashwant Varma was informed by the Centre that an affidavit of compliance has been filed stating that a joint security review of Swamy's private residence was done and that the entire security setup will move as and when Swamy moves to his private house.

However, the counsel appearing for Swamy argued that despite the assurance given to the court on September 14, the Centre has not provided proper infrastructure to ensure security at his private residence.

On this, the counsel appearing for Centre submitted, "…what we do is, if space is there, facilities are created at private residence. But if there is no space, what we do is we post six guards and rotate them so that even if they don't have a permanent setup, they are rotated. In many cases in private houses, it is not possible to provide all this. This can be done in bungalows but not possible in a private colony. Whatever entitlement is, he will get it…..they will make some arrangement maybe put a tent….as soon as he moves."

However, Justice Varma orally remarked "It can't be done simultaneously with his move…".

On this, the union government counsel submitted that security guards have to be rotated in cases where it is not possible to fix guardrooms in private colonies for ensuring that security personnel can take proper rest.

"It is not possible for us to provide security to every private individual," the counsel added.

Justice Varma said, "He is not every private individual. He is an individual whom you [have] granted Z category [protection]. What we are not been able to understand is that how will you rotate, where will they (guards) stand, where will they sit?…Place it on affidavit."

Directing the Centre to file a better comprehensive affidavit, the court listed the matter for hearing next on November 3.

The court was hearing Swamy's plea claiming that the central government has failed to ensure security arrangements at his private accommodation despite an undertaking to the court that same will be done when he hands over the  possession of his government accommodation to the authorities.

Senior Advocate Jayant Mehta assisted by Advocate Sathya Sabharwal appeared for Swamy.

Background

Swamy, who has been provided with Z category protection by the Centre, was allotted government accommodation on 15th January 2016 for a period of five years. The bungalow in Lutyens Delhi had been allotted to him on account of a threat perception.

Swamy then became a member of the Rajya Sabha, the term of which came to an end on April 24 this year. While Swamy was serving as a member of the upper house, the government accommodation continued to remain with him even as the allotment ultimately came to an end by efflux of time. He had been recently asked to vacate the premises after his tenure as Rajya Sabha MP expired.

Swamy had then moved High Court arguing that bearing in mind the security arrangements which are required to be made for a Z category protectee, the accommodation which was originally allotted to him must be continued in his favour.

Earlier Petition

Disposing of Swamy's plea on September 14, Justice Varma said that while the original allotment was made for a period of five years which has now come to an end, no material was shown by Swamy which may mandate and require the allotment of government accommodation to a Z class protectee.

On the other hand, Additional Solicitor General Sanjay Jain appearing for the Centre had submitted that Swamy has his own residential premises to which he can shift and the security agencies shall take all steps in the said premises to ensure Swamy's safety and security.

Therefore, the court had said that all that would be left to be done by the authorities would be to ensure that adequate arrangements are made at Swamy's private residence so that his security is safeguarded.