Delhi HC rejects Neelam Azad's plea in Parliament breach case, cites ‘No Urgency’

Delhi HC rejects Neelam Azad's plea in Parliament breach case, cites ‘No Urgency’

On Thursday, the Delhi High Court declined to entertain a petition from Neelam Azad, one of the individuals implicated in the Parliament security breach case, challenging her police remand. The court asserted that there was no immediate urgency in addressing the matter.

A vacation bench presided over by Justice Neena Bansal Krishna stated, "It'll be taken up on the 3rd. There is no urgency. Nothing absolutely."

Neelam Azad had approached the Delhi High Court seeking prompt release on Wednesday, contesting the legality of the remand order issued on December 21. In her plea, Azad claimed she was denied the opportunity to consult with a legal representative of her choice during the remand proceedings, with legal counsel provided to her only 29 hours after her arrest.

Residing in Hisar for advanced studies, the 37-year-old Azad had relocated to Hisar five to six months before her arrest to prepare for the Haryana civil services examination.

The plea, filed through lawyer Suresh Kumar, highlighted, "Upon her arrest, the petitioner’s family wasn’t informed. It was informed only in the evening of 14.12.2023. Further, she wasn’t permitted to meet any person, including advocates, which is mandatory under Article 22(1) of the Constitution of India."

Under Indian law, an individual in custody or someone acting on their behalf can file a habeas corpus petition in a high court or the Supreme Court to challenge their unlawful detention. The plea argued that the remand order dated 21.12.2023 was illegal and violated Article 22(1) of the Constitution of India, which mandates the accused person to be defended by a legal practitioner of their choice.

The high court had recently stayed a trial court’s order to provide Azad with a copy of the FIR, citing the "sensitive nature" of the case. Referring to a Supreme Court judgment, the court emphasized that FIRs related to sexual offenses, insurgency, terrorism, and those falling under the Protection of Children from Sexual Offences (POCSO) Act should not be uploaded on the authorities' website.

The incident leading to these legal developments occurred on December 13, commemorating the anniversary of the 2001 Parliament terror attack. Individuals breached security, entering the Lok Sabha chamber, releasing yellow gas, and shouting slogans. Neelam Azad, along with others, is among the accused arrested and undergoing police interrogation.

 

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