Suvendu Adhikari's Security Arrangement Well Maintained By State Govt As Per Rules: Calcutta High Court

The Bench of Justice Shivakant Prasad was hearing the plea of Adhikari seeking state's report as to why his security cover was withdrawn on May 18.

He sought direction to the State Government to ensure that full proof security arrangement is made in respect of him including the security at the place of his visit for holding public meetings as well as route lining security arrangement.

Although Adikari enjoyed Z category security from the Central Government, he sought for security arrangement from the State Government in three areas namely Pilot Car, Route Lining and Monitoring the places where public meetings may be held.

The Calcutta High Court on Wednesday directed the West Bengal State government to submit a comprehensive report on the State government's withdrawal of security of Adhikari.

Pursuant to Court's order, appearing for the State Government, the Advocate General on Friday emphasized that the petitioner was provided with the statutory security cover by the Central Government.

He further submitted that his movement was also taken care of with all security vigilance through Intelligence Department.

AG's submissions

Importantly, it was submitted that if CRPF is unable to provide security in any case, then West Bengal Police provides required security component to the protectee from their resources till the CRPF reaches the location.

However, it was highlighted that as per the norms, a person cannot get personal security cover both from the Centre and State at the same time.

It was stated that Adhikari was being provided with all necessary security arrangements as per scale for "Z" category protectee as per "Yellow Book" in West Bengal by State Government.

It was also contended that besides additional security arrangement, whenever considered necessary, by the local units dependent upon local situation/intelligence input/ threat perception are also made.

Therefore, it was stated that Adikari's prayers were well covered by the State Government by providing adequate security according to category of getting security for being leader of the opposition holding the rank of Cabinet Ministry.

Importantly, it was submitted that Adhikari's state security was not withdrawn suddenly and was done after CRPF took charge after a Joint Security Review (JSR) meeting held with the officers of CRPF, officers of East Midnapur, Subsidiary Intelligence Bureau and Directorate of Security, West Bengal at Adhikari's residence on December 20.

He also argued that the State receives threat perception and adequate security cover is provided to people by the State Government on the requisition and the movement is watched by the Intelligence Bureau and therefore, the prayer as made for security arrangement for route lining and for the petitioner's movement to visit for the public meeting etc. are well covered by the security.

Court's observations

At the outset, the Court noted that the arrangement regarding security cover to the petitioner were well noted in the report of the Directorate of Security.

The Court also observed that there was no denial by the Advocate General in the matter of security arrangement in favour of Adhikari and his entitlement as the Leader of Opposition in the Assembly holding rank of a cabinet minister.

Further, the Court said that the report from the State, in crystal terms, spoke of arrangement which had been made for his security even while on visit to different places and security vigil is always there.

Thus, the Court opined that Adhikari, being provided with Z category security arrangement, is well-maintained according to the scale of Z category protectee as per the "Yellow Book" by the Government of West Bengal in terms of the report of the Director Security, Government of West Bengal.

However, the State Government was asked to continue to keep security cover and vigilance on the movement of the petitioner so that the petitioner is provided full security in the hour of need.

With the above observation, the writ application was disposed of.

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