'Leader Of Opposition Entitled To Same Privileges As That Of A Cabinet Minister': Calcutta High Court Issues Directions To Augment Security Of Suvendu Adhikari

The Calcutta High Court on Thursday issued a host of directions to address a plea moved by BJP MLA and Leader of the Opposition Suvendu Adhikari alleging that the State government has failed to provide him with adequate security measures and that taking advantage of the loopholes in the security arrangements third parties are continuously infringing upon his privacy. 

On the last date of hearing, the Court had sought the State government's response in the matter. Accordingly, the Court on Thursday took on record the affidavit filed by the State. 

Justice Rajasekhar Mantha on Thursday underscored, 

"The respondents shall bear in mind that the petitioner is the Leader of Opposition in the State and is entitled to the same privileges as that of a Cabinet Minister."

The Court further affirmed that admittedly the petitioner is mandatorily entitled to "Z" category security. 

The following grievances were raised before the Court by Adhikari, 

(1) The placement of the CCTV Cameras in the house of the writ petitioner by the State policies is invading this privacy of the petitioner and his family. 

2) There is noise pollution in and around the residence of the petitioner as a consequence of the loudspeakers blaring upto 2 a.m. in the morning.

(3) The political rallies occurring in and around the house of the petitioner are causing annoyance and obstructing peaceful residence.

Addressing the grievances raised, the Court directed the CRPF and the State Police to conduct a joint meeting to address the concern regarding placement of the security cameras causing a hindrance to the privacy of the petitioner. 

"The placing of CCTV Cameras is essentially and exclusively a matter within the purview of the authorities responsible for the security of the petitioner. The invasion of privacy by reason of the placement of the security cameras must be addressed by the CRPF. The placement of the CCTV Cameras and petitioner's privacy shall be addressed, in a joint meeting between CRPF and the State police", the Court directed. 

The Court further ordered that there shall be no loudspeakers in and around the residence of the petitioner after 8 p.m. The State was further instructed to come up with appropriate suggestions regarding the concern raised about political rallies, meetings and functions, being held in the vicinity of the petitioner's residence. 

Granting liberty to the petitioner to file a reply to the State's affidavit, the Court adjourned the matter for further hearing on February 8. 

It may be noted that the High Court back in July 2021 had ruled that the security arrangement of Adhikari was being well-maintained according to the scale of Z category protectee as per the "Yellow Book" by the Government of West Bengal. The Bench of Justice Shivakant Prasad was hearing the plea of Adhikari seeking the State's response as to why his security cover was withdrawn on May 18, 2021.

Case Title: Suvendu Adhikari v. State of West Bengal 

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