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Former Rajya Sabha Member Dr. Subramanian Swamy has moved to the Delhi High Court against the Centre for failing to make arrangements for his "Z-security" at his private residence in Nizamuddin East, Delhi.
The Delhi High Court on Monday directed the Central Government to file a better affidavit on a plea filed by Former Rajya Sabha Member and Bharatiya Janata Party leader (BJP) Dr. Subramanian Swamy alleging that the Central Government failed to make arrangements for “Z-security” at his private residence in Nizamuddin East, Delhi after he was directed by the single-judge bench of the High Court to hand over possession of his government-allotted Bungalow in Delhi within six weeks.
A bench of Justice Yashwant Varma asked the Additional Solicitor General Sanjay Jain not to give general statements and said, "Did you take security from one place and give it to others? Don't make such arguments" after ASG submitted that because of the festive season the security was not given.
Senior Advocate Jayant Mehta assisted by Advocate Satya Sabharwal appearing for Swamy informed the bench that the first time the Government officers visited Swamy's private residence was on October 27, after Swamy moved this petition and mentioned the matter before the bench.
Today, several photographs were presented before the Court comparing both houses (the government-allotted bungalow and his private residence) to show that no security arrangement has been made to date.
In furtherance to this, the bench asked the Government to file a better affidavit and listed the matter for further hearing on November 3.
On September 14, Justice Yashwant Varma directed Dr. Subramanian Swamy to hand over possession of his government-allotted Bungalow in Delhi within six weeks. The court was hearing a plea filed by Swamy for re-allotment of his government accommodation in the Type 7 bungalow, which was allotted to him on January 15, 2016, given the security threats.
Mehta had contended, “My security has not gone down, till today I have several guards, shifting to my accommodation would cause difficulty, in providing the basic needs to my security personnel”. Mehta stated that since Swamy's security has not gone down, and he is still a “Z-security protectee”, he would need the Ministry of Home Affairs to ensure that they will assist him in shifting with safety and security.
Counsel for Union, Asheesh Jain had agreed to assist him with safety and security while shifting. Jain stated that Swamy was allotted government accommodation for 5 years starting in 2016, and was supposed to vacate the accommodation after the expiry of the period. He further stated that currently Swamy is an unauthorized occupant as per the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, of 1958.
Accordingly, the court had noted that "as the allotment made has expired, and no material mandates re-allotment of a 'Z- security protectee', therefore, Swamy is directed to hand over the possession of the government accommodation within six weeks and shift to his accommodation in Nizamuddin East".
The court had also left it open for both parties to approach the estate officer in case of any issue.
Case Title: DR. SUBRAMANIAN SWAMY Vs. UNION OF INDIA & ANR.
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