Delhi HC seeks Centre's comprehensive stand on Subramanian Swamy plea over security
New Delhi (PTI): The Delhi High Court on Monday sought a comprehensive affidavit from the Centre assuring it would address security concerns at the private residence of former BJP MP Subramanian Swamy, a 'Z category' protectee.
The court was informed by the central government that a security review of Swamy's private house, where he would be residing after vacating the government-allotted bungalow, has been undertaken.
The senior politician -- a former Rajya Sabha member -- would get whatever he is entitled to as a 'Z category' protectee residing in a private space, the government said.
The Centre's lawyer said "skeletal security" has been provided at Swamy's private residence and the "main guard would move along with him" from the government bungalow.
If there is no place to set up adequate infrastructure such as a guard room six security personnel would be placed on rotation basis at Swamy's private house, the lawyer said.
"The day he intimates us, the entire set up will move to his new house," the lawyer said.
The government's response was to Swamy's claim that in spite of an earlier assurance, the Centre is yet to make adequate security arrangements at his private accommodation.
"Whatever his entitlement is, he will get it. Whatever the standard procedure is for private spaces," the Centre's lawyer told the court as he claimed that a "compliance affidavit" has been filed in the matter.
Justice Yashwant Varma, however, questioned the Centre over the absence of infrastructure facilities at the private residence as well as when the arrangements would be put in place and how it would "rotate six guards".
The lawyer said that he would put Centre's stand in relation to court's queries on an affidavit.
He stated that "it is better that I put everything on the affidavit. Because for us to provide such guard rooms to each and every private individual...". The court, however, said, "He is not every private individual, he is an individual to whom you have granted Z category."
The lawyer assured the court that all adequate arrangements would be done according to applicable protocol.
"(Centre's counsel) prayed for and is granted time to file a better comprehensive affidavit in order to assure the court that the security concerns pertaining to the petitioner shall be duly met," the court ordered.
Senior advocate Jayant Mehta, appearing for Swamy, contended that security-related facilities are yet to be provided at the former MP's private residence and while October 26 was the last date given to him to vacate the government bungalow, authorities "visited" the new premises only after the matter was mentioned before the high court on October 27.
The Centre's counsel asked the court to note that there were festivals when "there is heightened security risk".
However, the court asked the counsel not to make "generic statements".
On September 14, the court had directed Swamy to hand over possession of his government bungalow to the estate officer within six weeks, noting that the allotment was made for a period of five years, which had come to an end.
Swamy, whose term as a member of the Upper House of Parliament came to an end on April 24, had earlier moved the high court for re-allotment of the government bungalow citing security threats to him.
While disposing of Swamy's petition seeking re-allotment, the court had recorded that there was no material shown which mandated and required the allotment of government accommodation to a 'Z category' protectee.
Additional Solicitor General Sanjay Jain, representing the government, had submitted that while Swamy continues to remain a 'Z category' protectee, the policies and guidelines which govern such protectees does not obligate the government to also provide residential accommodation from the general pool.
He had said while the Union government would continue to extend 'Z category' protection to him, subject to due periodical review, it would not be possible for the government bungalow to be realloted to Swamy.
Jain had said in any case, the petitioner has his own residential premises where he can possibly shift and the protecting agencies would take all further steps in that premises as may be warranted to ensure his safety and security.
The matter would be heard next on November 3.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
