Delhi HC grants 6 weeks to Subramanian Swamy to vacate government accommodation
Sep 14, 2022
New Delhi [India], September 14 : The Delhi High Court on Wednesday granted a time of six weeks to the Bharatiya Janata Party leader and former Rajya Sabha MP Subramanian Swamy to vacate the government accommodation.
The accommodation was allotted to him for five years on account of the security threat. Subsequently, he became the Rajya Sabha MP and the accommodation remained with him.
His tenure as an MP ended in April 2022 and he had sought re-allotment of the government accommodation after the period of five years lapsed, citing security reasons.
Justice Yashwant Varma directed Swamy to ensure the possession of his government bungalow is given to the Estate officer within a period of six weeks.
The bench said that the petitioner has his own private property where he can shift. As the petitioner is a Z category protectee, the protecting agency shall ensure the safety and security of the petitioner at his private premises.
The High court today passed the order while disposing of the plea of Swamy.
It was submitted on behalf of the petitioner Subramanian Swamy, as he is a Z category protectee, the government accommodation should be re-allotted to him in view of the security threat to him.
The bench noted the submission made on the behalf of the State that it is not obligated to those being extended security cover.
Additional Solicitor General (ASG) Sanjay Jain appearing on behalf of the Ministry of Home Affairs (MHA) submitted that it is practically not possible to re-allot the accommodation to the petitioner. The petitioner has his own house in Nizamuddin East in Delhi.
He also submitted that there are members of ministers of the council who need the accommodation. There are judges of the High Court and Supreme court also.
It was contended by the ASG that the security cover provided to the petitioner has not been downgraded. He is still a Z category protectee.
The security threat assessment of the petitioner suggested that it does not require a government accommodation given to him, ASG submitted.
ASG Jain further told the court that while they cannot re-allot the accommodation, the protecting agencies would give their services at Swamy's private residence at Nizamuddin east.
He added that in accordance with the Public Premises Act, Swamy has been declared as an unauthorized occupant of the premises in question.