BJP MP Subramanian Swamy (File)The Delhi High Court Wednesday directed former Rajya Sabha MP Dr Subramanian Swamy to handover the possession of his government accommodation in the Lutyens’ Bungalow Zone to the authorities within six weeks.
Justice Yashwant Varma said undisputedly the allotment was made for five years and that period has come to an end. “The court has not been shown any material which may mandate and require the allotment of government accommodation to a Z Class protectee,” said the bench
“All that would be left to be done by the (authorities) would be to ensure that adequate arrangements are made in the residential premises which the petitioner shall now occupy so that his security is safeguarded,” said Justice Varma, while disposing of a petition filed earlier by Swamy.
Swamy, who was a member of the upper house of Parliament till April 24, had approached the court contending that bearing in mind the security arrangements which are required to be made for Z category protectee, the accommodation which was originally allotted to him must be continued in his favour. His counsel told the court that he was not before it to perpetuate his existence in that accommodation.
Senior advocate Jayant Mehta, representing Swamy, submitted he was allotted the accommodation in January 2016 for a period of five years on security grounds on payment of a licence fee and it continued to remain with him as a member of Rajya Sabha. Swamy’s counsel further submitted that he is not in default of any payment and continues to be a Z category protectee.
Contending that Swamy does not want to be a burden on the public exchequer, Mehta submitted, “I have no difficulty to shift to my personal accommodation. (But) personal accommodation is insufficient. As (someone who is protected) by these many guards, I am required not only to ensure their accommodation but also facilities in the household for them to rest, stay and meet their basic needs. My private house cannot accommodate so many guards.”
Additional Solicitor General Sanjay Jain, representing the Centre, submitted Swamy’s Z category security cover has not been downgraded but in 2016, his request for a government accommodation was acceded to “for whatever considerations”. He was given a house for five years and it was not transferred to Rajya Sabha pool when he became an MP, the court was told.
“MHA did not say even at that time that Z category security requires an accommodation to be given and this is what MHA is saying even now that Z category security has nothing to do with an accommodation being mandatory. The Z Category Security can be provided in his accommodation. He has a palatial house in Nizamuddin East, located at a very nice location,” Jain submitted.
Jain said the Public Premises Act has been pressed into service and Swamy has been declared an unauthorised occupant. The steps for eviction of the unauthorised occupant have not been taken as the matter was pending before the court, the government counsel submitted. Jain further said the protecting agencies shall continue to extend Z category protection to Swamy, subject to the periodical review, and take all warranted steps to ensure his safety and security at his private house.