Highest Z+ Security Should Be Provided To Mukesh Ambani & Family Throughout India & Abroad; Cost To Be Borne By Ambanis : Supreme Court

The Supreme Court has directed that the Highest Z+ Security Cover provided to billionaire businessman Mukesh Ambani and his family is not restricted to Mumbai, but be made available across India and also when they are traveling abroad. The cost, as per the order of the Supreme Court, is to be borne by the Ambanis.

A Bench comprising Justice Krishna Murari and Justice Ahsanuddin Amanullah noted that when Mukesh Ambani and his family are within India, State of Maharashtra and the Ministry of Home Affairs are to ensure their security. When they are traveling abroad, the Ministry of Home Affairs would ensure the same.

Noting that the issue of security cover provided to the Ambanis is the subject matter of litigation in different parts of the country, the Bench passed the present order to give quietus to the disputes.

The Bench passed the order in a Miscellaneous Application filed by one Bikash Saha in the Centre’s Special Leave Petition challenging Tripura High Court’s interim orders directing the the Ministry of Home Affairs to produce the original files regarding threat perception in relation to Mukesh Ambani, his wife Nita Ambani and their children Akash, Anant and Isha. The High Court directed that an officer from the MHA should appear before it with the relevant files in sealed cover on June 28, 2022.

In June, 2022, a vacation Bench of the Supreme Court comprising Justice Surya Kant and Justice JB Pardiwala had stayed the orders passed by the High Court seeking production of the files.

On 22.07.2022, a 3-Judge Bench of the Apex Court thought it fit to close the petition before it as well as the one before the Tripura High Court. It closed the writ petition, directing the Union Government to provide adequate security to the Ambanis at their own expense. While disposing of the petitions, the 3-Judge Bench had noted -

“It is not in dispute that private respondents no. 2 to 6 are the promoters of, and in the management of, some of India’s biggest and most prominent companies. There are no reasons to disbelieve the existence of threat to the lives of the respondents no. 2 to 6, particularly considering the fact of the incident recounted by learned senior counsel for respondents no. 2 to 6. The petitioner- Union of India is already cognizant of this threat and is therefore already providing security. Further, the High Court of Bombay has earlier also recognized the need for Z+ security for the respondents no. 2 to 6, and the Special Leave Petition against the same stands dismissed. In these circumstances, we are not inclined to entertain this issue in a PIL filed by a third party who has not proved his locus.”

The present Miscellaneous Application filed by Bikash Saha (the petitioner who questioned security for Ambanis in Tripura HC) sought clarification that the order passed on 22.07.2022 granting security is limited to the State of Maharashtra where their business and residence is.

Senior Advocate, Mukul Rohatgi appearing for the Ambanis submitted that his clients are at continuous risk of being targeted to financially de-stabilise the country and such risk exists in India and also when they are traveling abroad.

The Division Bench opined that if there is a threat for which security cover is provided and that too at their own expense, it cannot be restricted to a particular geographic location. Considering that their business activities are across the country and also outside it, the purpose of granting security cover would be lost if it is restricted to a place or area. Moreover, noting that in its order dated 22.07.2022, the Supreme court has already adjudicated that the original writ petition before the High Court did not have locus, the miscellaneous application at his behest cannot be entertained.

[Case Title: Union of India v. Bikash Saha And Ors. MA No. 309-10 of 2023 in SLP(C) No. 11164-65/2022]

Citation : 2023 LiveLaw (SC) 147

Security for Mukesh Ambani and Family -Supreme Court directed that the Highest Z+ Security Cover provided to billionaire businessman Mukesh Ambani and his family is not restricted to Mumbai, but be made available across India and also when they are traveling abroad. The cost, as per the order of the Supreme Court, is to be borne by the Ambanis- when Mukesh Ambani and his family are within India, State of Maharashtra and the Ministry of Home Affairs are to ensure their security. When they are traveling abroad, the Ministry of Home Affairs would ensure the same.

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