A bench of justices A K Patnaik and Ranjan Gogoi also stayed the high court order for giving security to Vinod Singh, who was the Tourism Minister in the Mayawati government.
The apex court passed the order on an appeal filed by the state government challenging the high court's order on the ground that there was no security threat to former ministers and pleaded the court to set aside it.
The bench, however, stayed the high court order and posted the case for further hearing on July 9.
"Everyone is equal before the Supreme Court whether it is a minister or common man. Article 21 is equally applicable to all," the bench observed.
Upadhyay was given Y security cover during Mayawati regime but the present Samajwadi Party government withdrew the protection and he was provided only an armed constable for his protection.
While an X category protectee gets a security cover of two personnel, under Y category, there is one personal security officer and one armed guard. Z category entails a security cover of 26 personnel.
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