Close X
Sunday, November 10, 2024
ADVT 
India

Parliament security breach case: Delhi HC dismisses Neelam Azad's plea alleging illegal police remand

Darpan News Desk IANS, 03 Jan, 2024 02:20 PM
  • Parliament security breach case: Delhi HC dismisses Neelam Azad's plea alleging illegal police remand

New Delhi, Jan 3 (IANS) The Delhi High Court on Wednesday dismissed a habeas corpus plea filed by Parliament security breach case accused Neelam Azad seeking immediate release from the custody of Delhi Police.

The counsel for Delhi Police opposed the plea's maintainability, stating: "The prayer is not maintainable, whereas this issue is already pending before the trial court."

Azad's counsel argued: "We are challenging the remand order. I was not allowed to talk to my lawyer. They restrained me from talking to the lawyer. It is an admitted fact; it's in the status report."

In response, a division bench of Justice Suresh Kumar Kait and Justice Manoj Jain noted: "For the relief sought in the present petition, the petitioner has already moved an application before the trial court...Petition is not maintainable and dismissed accordingly."

Claiming that her arrest was illegal, Azad has said that it was in contravention of Article 22 (1) of the Constitution.

On Tuesday, a local court directed the Delhi Police to file a response to the bail application moved by Neelam Azad, one of the six accused in the December 13, 2023, Parliament security breach case.

Azad, with three other accused persons, was arrested on December 13, 2023.

All the six accused -- Manoranjan D., Sagar Sharma, Amol Dhanraj Shinde, Neelam Devi Azad, Lalit Jha and Mahesh Kumawat -- are in police custody till January 5.

Manoranjan and Sagar had burst yellow smoke canisters on the 22nd anniversary of the 2001 Parliament terror attack after jumping into the Lok Sabha hall from the visitors’ gallery before they were overpowered by the MPs present in the House.

Azad and Shinde also burst smoke canisters and raised slogans outside Parliament. Jha is believed to be the mastermind of the entire plan, who reportedly also fled with the mobile phones of the four others from Parliament, sources had said.

Azad has challenged the legality of the remand order dated December 21, 2023, 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 dated December 21, 2023, moved by the state.

She has further alleged that she was produced after 29 hours contrary to the law.

The plea reads, "The petitioner has placed reliance on the words 'choice' and 'defended' in Article 22(1) of the Constitution of India to emphasise that it is an admitted fact that the state prevented her from having a legal representation of her choice and when she was produced before the court, although an advocate was indeed appointed by the Ld. Court, she wasn’t given the opportunity to choose the most suitable advocate from DLSA."

It says that the court made a fatal error by adjudicating the remand application first and then asking the petitioner if she wanted to be defended by a legal practitioner of her choice.

"Thus, the right guaranteed under Article 22(1) of the Constitution of India was grossly violated making the remand order dated 21.12.2023 unlawful," the plea reads.

The Delhi Police have told a court that the accused in the case were "hardened criminals", consistently altering their statements.

Police have registered an FIR under the Unlawful Activities (Prevention) Act against the accused and are investigating the security lapse issue, too.

The police had informed the court that they have included Sections 16 (terrorism) and 18 (conspiracy for terrorism) of the UAPA in the charges against the accused.

The High Court on December 22, 2023, stayed a trial court's order directing Delhi Police to supply Azad a copy of the FIR till the next date of hearing, which is January 4.

MORE India ARTICLES

Lingayat mutt sex scandal: Arrest warrant against rape accused Murugha seer

Lingayat mutt sex scandal: Arrest warrant against rape accused Murugha seer
The Chitradurga Second Additional District and Sessions Court issued the order considering the submission by the public prosecutor, Jagadish. The rape accused seer was released on November 16 following the granting of conditional bail in the first POCSO case.  

Lingayat mutt sex scandal: Arrest warrant against rape accused Murugha seer

Two-day Punjab Assembly session on Nov 28-29

Two-day Punjab Assembly session on Nov 28-29
Punjab Cabinet led by Chief Minister Bhagwant Singh Mann on Monday approved summoning of the fifth session of 16th Vidhan Sabha on November 28-29. The decision was taken by the Council of Ministers at its meeting held under the chairmanship of the Chief Minister.

Two-day Punjab Assembly session on Nov 28-29

Two killed in Manipur by armed cadres, tribal body declares 48-hr shut down in Kangpokpi district

Two killed in Manipur by armed cadres, tribal body declares 48-hr shut down in Kangpokpi district
In a fresh incident of violence in Manipur, two people were killed by unidentified armed group in Kangpokpi district on Monday, police said. Police said that the incident occurred at Kangchup area in tribal-dominated Kangpokpi district.  

Two killed in Manipur by armed cadres, tribal body declares 48-hr shut down in Kangpokpi district

Delhi: Air quality continues to be in 'very poor' category

Delhi: Air quality continues to be in 'very poor' category
Air quality across Delhi continues to be in the 'very poor' category on Monday as the overall AQI of the city reached 323, according to data from the System of Air Quality and Weather Forecasting And Research (SAFAR). In the national capital, the Anand Vihar station recorded the air in the 'very poor' category with PM 2.5 at 342 and PM 10 at 301, as per the Central Pollution Control Board (CPCB).  

Delhi: Air quality continues to be in 'very poor' category

Amazon laying off hundreds in Alexa division, India team impacted

Amazon laying off hundreds in Alexa division, India team impacted
Amazon is laying off “several hundred employees” from its Alexa devision, including in India, amid a renewed focus on artificial intelligence (AI), the media reported on Friday. In a memo sent to employees and seen by GeekWire, Daniel Rausch, vice president of Alexa and Fire TV team, said that the company is eliminating “several hundred roles”.  

Amazon laying off hundreds in Alexa division, India team impacted

Historian B N Goswamy passes away

Historian B N Goswamy passes away
Known for his path-breaking work on Pahari paintings, internationally-acclaimed art historian and an authority on miniature painting, Chandigarh-based Brijinder Nath Goswamy, passed away on Friday following prolonged ill health. Recipient of the Padma Shri and Padma Bhushan awards, 90-year-old Goswamy, fondly called BNG in art circles had authored more than 26 books.

Historian B N Goswamy passes away