MHA Reconsidering Z+ Security Plea Of BJP Worker Pursuing Cases Against Rahul Gandhi, Decision Soon: UOI Tells Allahabad HC

Taking note of the Central Government's submission, a Bench of Justice Rajesh Singh Chauhan and Justice Zafeer Ahmad observed that it legitimately expects that the “right to life and personal liberty of a citizen is ensured in its letter and spirit”.

It may be noted that Shishir, a Karnataka-based BJP worker, has moved an application in his own pending petition alleging Disproportionate Assets claims against Gandhi, wherein he sought a decision on his application filed before the MHA seeking appropriate security.

It may further be noted that just days ago, Shishir had approached the High Court seeking an upgrade from his current round-the-clock protection of one CAPF Personal Security Officer (PSO) to an all-India Z-plus security cover.

Passing an order on his plea earlier this month, a coordinate bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary had directed the Union of India to take a reasoned decision in 3 weeks.

In today's proceedings, Deputy Solicitor General of India SB Pandey placed written instructions on record on behalf of the Union Government.

The instructions revealed that while Shishir's initial request for enhanced security cover (Z+) was not recommended by the Central Security Agency "in the absence of any specific threat", considering some subsequent developments and Shishir's representation, his plea was being reconsidered and examined afresh by the competent authority.

In the meantime, MHA has advised the State Governments of Karnataka, Uttar Pradesh, and Kerala, and the Delhi Police, to suitably address Shishir's security concerns based on local threat perceptions.

The bench was further apprised that an appropriate order would be passed by the competent authority “at the earliest” and the same shall be intimated to Shishir and consequential steps shall be taken.

Appearing in person, Shishir submitted certain photographs showing that he is provided ample security when attending court proceedings anywhere in India.

However, he pointed out that when he does not attend court or remains alone, he is protected by only 1 CRPF PSO armed with a pistol.

Therefore, referring to Article 21 of the Constitution of India, he sought an interim direction for heightened security, which is in the interest of justice until the Central Government's competent authority takes an appropriate decision.

The Court, however, refused to pass any orders, noting that if the applicant is indeed provided appropriate security while attending court proceedings, the competent agency "would be knowing about the fact that the applicant is facing some threat perceptions."

The bench reasoned that, in such a scenario, appropriate measures may be taken before a final decision on his representation is reached, inasmuch as "every person has got fundamental right under Article 21 of the Constitution of India”.

“Since subject matter is under consideration before the competent authority, therefore, we are refraining ourselves to pass any such direction till any final decision is taken, but we legitimately expect that right to life and personal liberty of a citizen is ensured in its letter and spirit,” the bench observed as it disposed of the plea.

It may be noted that Shishir's other seeking an FIR against LoP Rahul Gandhi over his alleged British citizenship is presently pending before the High Court.

Although on April 17, a Single Judge had directed the lodging of an FIR against Rahul Gandhi on Shishir's plea, the order was later withheld.

Eventually, Justice Subhash Vidyarthi recused himself from the case, taking strong exception to certain social media posts and media interviews by Shishir, noting that they cast aspersions on the Court and maligned its dignity after the bench proposed issuing a notice to Gandhi on his plea.

Following this, the matter was allocated to Justice Manish Mathur and the petition is presently pending before his bench.