The Delhi High Court on Wednesday dismissed a petition filed by Neelam Azad, an accused detained in the Parliament security breach case on December 13, who sought release on the grounds of alleged illegality in her police remand.
The bench, comprising Justice Suresh Kumar Kait and Justice Manoj Jain said the petition as not maintainable.
“The petitioner has already moved a bail application before the trial court. The present petition is not maintainable and is dismissed accordingly,” stated the bench.
Azad’s legal representative contended that her police custody violated constitutional provisions since she was denied the opportunity to consult a legal practitioner of her choice for her defense during the trial court proceedings. However, the high court, during the hearing, stated that no grounds indicating a violation of her fundamental rights were established.
In her petition, Azad sought a writ of habeas corpus directing her production before the high court and an order for her release. She argued that the denial of her choice of legal representation amounted to a violation of her fundamental rights guaranteed under the Constitution, rendering the remand order unlawful. The trial court had previously remanded her in police custody until January 5.
On December 21, the trial court extended the police custody of four accused, including Azad, in the Parliament security breach case until January 5. The extension was granted based on the city police’s assertion that they needed additional time to uncover all those involved in the conspiracy. The initial arrests of the four occurred on the day of the incident, while two others were apprehended subsequently.
During the significant security breach on December 13, 2023, commemorating the anniversary of the 2001 Parliament terror attack, individuals identified as Sagar Sharma and Manoranjan D leaped into the Lok Sabha chamber from the public gallery during Zero Hour. They released yellow gas from canisters and shouted slogans before being subdued by some MPs. Simultaneously, Amol Shinde and Azad, among others, sprayed colored gas outside the Parliament House premises while chanting “tanashahi nahi chalegi.”
Additionally, Lalit Jha and Mahesh Kumawat have been arrested in connection with the case, and all individuals are currently undergoing interrogation in police custody.
