"If you as a matter of fact are not entitled under the rule for security you cannot be given security. This can't be given at the expense of the state exchequer," a bench comprising justices Gyan Sudha Misra and Madan B Lokur said.
The remarks came during the hearing of the petition filed by Ramveer Upadhyay, a minister in the previous Mayawati government who was stripped of his security cover when the Samajwadi Party came to power.
The Bahujan Samaj Party leader has filed an appeal against the Allahabad High Court decision by which he was not provided any interim relief and the order on his petition has been reserved.
"The Special Leave Petition (SLP) is not fit to be entertained," the bench said while adding that it was "premature".
It also said if there were any threat perception to the former minister he was within his right to have private security at his expense.
However, the bench said the BSP leader has the liberty to move the Division Bench of the High Court for interim security during the vacation and the High Court can consider his plea, assessing the report of the committee which looks into threat perception.