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This is an archive article published on November 26, 2013

Nobody can demand security as matter of right: SC

We are not going to regulate grant of security to people.

Emphasising that appraisal of threat perception was not its business,the Supreme Court Monday said no person can ask for security from the State as a matter of his right and that it was “primarily” for the police authorities to decide on its necessity.

“Nobody has a fundamental right to security…nobody can demand it as a matter of right. Nobody is entitled to security at state expenditure. We are not going to regulate grant of security to people. There is a competent authority to examine security threat perception,” said a Bench of Justices T S Thakur and Vikramjit Sen.

The Bench said there were authorities to decide on who should be provided the security and if there was a miss,they will be answerable to the court. “This (security) cannot become a permanent feature. Nobody is entitled to it as a matter of right. It is based on threat perception,which is to be examined by the concerned agency. We are not here for examining threat perception,” pointed out the Bench.

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This Bench’s view is different from the course taken by another SC Bench,which has called from all states details of persons,who have been provided VIP security and the criteria of providing it.

The court’s observations Monday came as it heard an application by the Delhi Police to withdraw security cover for advocate Ajay Aggarwal. The apex court had in 2003 ordered the Police Commissioner to provide security to Aggarwal,who was a petitioner in the Taj Corridor scam case,in view of threats to him and his family members.

Additional Solicitor General Rakesh Khanna,appearing for the police,submitted that the threat perception had been reviewed and it was noted that Aggarwal and his family did not need security cover anymore. He said the security could not be withdrawn due to the SC order.

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