The Delhi High Court on Thursday declined the urgent listing of a plea by Neelam Azad, a woman arrested in the December 13 Parliament security breach case. She alleged that her police remand was ‘illegal’ as she was not allowed to consult a legal practitioner of her choice during the trial court proceedings.
Her lawyer sought urgent hearing before a vacation bench of Justices Neena Bansal Krishna and Shalinder Kaur, claiming the matter’s urgency. However, the bench stated, “In any case, it will be taken up on 3rd (January). There is no urgency.”
Azad’s lawyer mentioned that she challenged her remand order, and her police custody was scheduled to end on January 5. Rejecting the request, the court asserted there was still “enough time” for the hearing before the remand concluded.
The petition sought a writ of habeas corpus, directing her production before the high court, and an order to “set her at liberty.” She argued that being disallowed to consult a lawyer of her choice violated her fundamental right under the Constitution, rendering the remand order unlawful.
The trial court had remanded her in police custody until January 5. Under Indian laws, a detainee can file a habeas corpus petition if they believe they have been unlawfully detained.
The plea, filed through lawyer Suresh Kumar, alleged violations of Article 22(1) of the Constitution, stating her family was informed late about her arrest, and she wasn’t allowed to meet anyone, including advocates. The plea also claimed that a single Delhi Legal Services Authority counsel was appointed for all accused without offering a choice among counsels.
The petition highlighted that Azad was produced before the trial court 29 hours after her arrest, contrary to Article 22(2) of the Constitution, which mandates production before the nearest magistrate within 24 hours of arrest.
On December 21, the trial court extended police custody for four accused, including Azad, arrested in the Parliament security breach case. The high court stayed the trial court’s direction to supply the FIR copy to Azad, citing the sensitive nature of the case.
The security breach on December 13 involved individuals jumping into the Lok Sabha chamber, releasing gas, and shouting slogans. Azad, along with others, sprayed colored gas outside the Parliament House premises.
Police have also arrested Lalit Jha and Mahesh Kumawat in the case, all undergoing interrogation in police custody.
