The Delhi High Court on December 28 refused an urgent hearing on a habeas corpus plea moved by accused Neelam Azad in connection with the Parliament security breach case.
Neelam Azad, through a plea, is seeking direction to immediately release her from the custody of Delhi Police. She was arrested along with other accused on December 13.
The vacation bench of Justice Neena Bansal Krishna and Justice Shalinder Kaur on December 28 refused to hear the matter on vacation and said it would come up for hearing on January 3, 2023,
Neelam Azad, through Lawyer Advocate Suresh Kumar, alleged that her arrest was illegal and in contravention of Article 22(1) of the Consitution. The plea further alleged that though she was arrested in the afternoon, her family was informed in the evening.
“There are guidelines by the Supreme Court regarding the arrest of any person. We feel that the guidelines set by the SC were not followed in this case.” Advocate Suresh Kumar said while speaking to ANI. She also alleged that she was produced 29 hours after her arrest in court, contrary to the law.
The plea further challenged the legality of the remand order passed by the trial court dated December 21 on the ground that she wasn’t allowed to consult the legal practitioner of her choice to defend her during the proceeding of the remand application moved by the Delhi Police.
The Plea further stated that it is a settled principle of law that the rights enshrined under the provision (1) and (2) of Article 22 of the Constitution of India activate as soon as the arrest is made.
The state was under obligation to enable the petitioner to consult a legal practitioner of her choice right after her arrest, but the same wasn’t complied with. Rather, the state had been opposing the petitioner’s right to consult her advocate till December 21.
Last week, the Delhi High Court stayed the trial court order directing Delhi Police to supply an FIR copy to one of the accused, Neelam Azad.
Delhi Police had moved to the High Court challenging the trial court order in regards to supplying a copy of the FIR to Neelam Azad in connection with the Parliament security breach case.
The Bench of Justice Swarna Kanta Sharma, after noting the submissions of Delhi Police, ordered that the trial court’s directions will be stayed till January 4, 2024. Meanwhile, the court also issued notices to the accused, Neelam Azad, on Delhi Police plea.
The Patiala House Court had earlier allowed an application moved by Neelam Azad’s family seeking a supply of a copy of FIR registration under various sections of IPC and UAPA.
The court had also allowed plea seeking court direction to Delhi Police to allow Neelam’s lawyer to meet for legal advice during the custodial remand period.
The case involves a security breach that occurred on December 13, when two youths jumped into the Lok Sabha chamber during Zero Hour, setting off smoke cans and raising slogans.
The probe earlier revealed further that two pairs of shoes were made on a special order in Lucknow, as the accused learned that the shoes of visitors to the new Parliament were not checked and they could hide their smoke cans under their footwear, sources said.
(with inputs from ANI)