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HC directs Swamy to hand over govt. bungalow within six weeks

Former BJP Rajya Sabha member had moved court seeking reallotment of accommodation in view of security threats to him

September 15, 2022 01:20 am | Updated 01:20 am IST - New Delhi

Subramanium Swamy.

Subramanium Swamy. | Photo Credit: File photo

The Delhi High Court on Wednesday ordered former BJP Rajya Sabha member Subramanian Swamy to hand over possession of his government bungalow here, allotted to him in 2016 for a period of five years, to the estate officer within six weeks.

Justice Yashwant Varma said that the government bungalow in the Capital was allotted to Mr. Swamy, a Z category protectee, for a period of five years which has now come to an end. The judge further noted that Mr. Swamy has not shown any material to show that all Z category protectee are to be allotted government accommodation.

The 82-year-old leader, whose Rajya Sabha tenure ended on April 24, 2022, had moved the High Court seeking reallotment of the bungalow considering in mind the security arrangements in view of security threats to him.

Z category protection

Additional Solicitor General Sanjay Jain, representing the Centre, said that its policies and guidelines do not mandate the government to provide residential accommodation to special security protectees. Mr. Jain, however, said that the Centre will continue to extend Z category protection to Mr. Swamy subject to due periodical review.

Mr. Jain said Mr. Swamy can shift to his residential premises in the Capital where the security agencies will ensure his safety.

Taking note of the submission, the judge said, “The court notes undisputedly that the allotment was made for a period of five years and that period has fairly come to an end. The court has not been shown any material which mandates and requires the allotment of government accommodation to a Z category protectee”.

“The writ petition is disposed of with this observation. The court further directs the petitioner [Mr. Swamy] to ensure that the premises are handed over to the estate officer concerned within a period of six weeks from today,” the High Court said.

Senior advocate Jayant Mehta, appearing for Mr. Swamy, contended that the government bungalow was needed to accommodate the security personnel who accompany the former MP at all times, bearing in mind the security threats to him.

“Till today, the number of guards has not gone down. I have no difficulty in shifting to my personal accommodation but it is insufficient. As a protectee, I am required to ensure that the security personnel rest and their basic needs are met,” the counsel said.

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