Justice Yashwant Varma observed that the bungalow was allotted for five years and that duration has ended.
The high court rejected Swamy's petition seeking reallotment of the same bungalow which was allotted to him on 15 January 2016 in light of security threats to him.
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 (Swamy) to ensure that the premises are handed over to the estate officer concerned within a period of six weeks from today," the judge added.
Swamy’s Petition for Reallotment of the Bungalow
In the petition, Swamy's counsel submitted that bearing in mind the security arrangements which are required for a Z category protectee, the accommodation originally allotted to him must be continued in his favour.
The court observed that the documents on record appeared to suggest that the premise came to be allotted to the petitioner on account of the threat perception which was accessed by the authorities at that point.
Representing the government, Additional Solicitor General Sanjay Jain submitted that while Swamy continues to be a Z category protectee, the policies and guidelines that apply to such protectees do not obligate the government to provide residential accommodation from the general pool.
He added that while the Union government can continue to extend Z category protection to Swamy subject to periodical review, the bungalow in question cannot be reallocated to Swamy.
The judge said that all that the government is required to do is ensure that the necessary arrangements for Swamy's safety and security are made in the residential premises, which he will now occupy.
Swamy's counsel senior advocate Jayant Mehta said that keeping in mind the security threat to him, the bungalow was needed to accommodate the security personnel who accompany him at all times.
“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.
Swamy's term as a Rajya Sabha member ended on 24 April 2022.
(With inputs from PTI and Bar and Bench.)