The Calcutta High Court on Monday (19 January 2026) declined to directly order Z+ category security for former West Bengal MLA Humayun Kabir, who recently floated a new political party. However, the court permitted him to approach the Union Ministry of Home Affairs (MHA) with a detailed representation seeking personal security, leaving the final decision to the Centre.
The matter was heard by Justice Suvra Ghosh, who disposed of the writ petition after noting that adequate security arrangements were already in place at the state level.
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Background of the Case
Humayun Kabir, a former member of the West Bengal Legislative Assembly elected under the ruling party’s banner, approached the High Court claiming threat to his life and property after forming a separate political outfit.
He sought deployment of central-level security, preferably Z+ category protection, citing apprehensions of political hostility and safety risks following his political split.
During the hearing, the State submitted a report stating that Kabir had been receiving consistent police protection for several years. According to the State, two armed police personnel have been assigned to him, and district police have ensured security coverage during all his public programmes without any reported untoward incident.
Court’s Observation
The court took note of the submissions made by both sides, including the Union Government’s stand that matters relating to personal security fall under the State List as per the Constitution.
“The issue of personal security is covered under Schedule VII, List II, and therefore falls within the domain of the State,” the counsel for the Union of India informed the court.
At the same time, the court acknowledged the petitioner’s concern that his political separation could affect coordination with local authorities. His counsel submitted that he should be allowed to place his request before the Ministry of Home Affairs, even if it involved bearing the cost of security.
Justice Suvra Ghosh observed that the petitioner was free to make such a representation and that the competent authority should examine it independently.
“The petitioner is at liberty to submit a comprehensive representation before the competent authority demonstrating the circumstances under which he seeks security,” the court observed.
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Court’s Direction
The High Court granted liberty to Humayun Kabir to approach the Ministry of Home Affairs with a detailed application explaining the need for security cover.
The court directed that:
- The petitioner may submit a representation to the Ministry of Home Affairs.
- The Ministry shall consider the request in accordance with law.
- A decision should preferably be taken within two weeks from the date of receipt of the application.
- The court has not examined the merits of the security claim.
It was also clarified that no opinion was expressed on whether the petitioner actually deserves enhanced security.
“The Court has not gone into the merits of the case and the authority concerned shall decide the representation independently,” the bench stated.
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Decision
Disposing of the writ petition, the High Court refused to issue any direct order for Z+ security but allowed the petitioner to seek relief from the Centre through proper channels.
No costs were imposed, and the court clarified that since no affidavit was called for, the allegations in the petition were not deemed admitted.
Case Title: Humayun Kabir vs State of West Bengal & Ors.
Case No.: WPA 313 of 2026
Decision Date: 19 January 2026
