Delhi High Court dismisses parliament security breach accused plea against police remand

Neelam Azad, an accused person detained in connection with a security breach at Parliament on December 13, filed a petition seeking her release on the grounds that her police remand was illegal, but it was dismissed by the Delhi High Court on Wednesday.

As reported by PTI, a bench headed by Justice Suresh Kumar Kait said the petition was not maintainable.

“Petitioner has already moved bail application before the trial court. The present petition is not maintainable and is dismissed accordingly,” the bench, also comprising Justice Manoj Jain said.

Azad’s attorney claimed that because she was deprived of her right to counsel an attorney of her choosing to represent her in trial court, the police custody violated the Constitution.

The high court stated that no such allegation of a violation of her fundamental rights had been made during the hearing.

In her petition seeking a writ of habeas corpus directing her production before the high court as well as an order to “set her at liberty”, Azad said not allowing her to consult a lawyer of her choice amounted to a violation of her fundamental right guaranteed under the Constitution, making the remand order unlawful. The trial court has remanded her in police custody till January 5,  according to PTI.

After the city police stated they needed to identify every member of the conspiracy, the trial court on December 21 extended the police custody of four accused—including Azad—arrested in the Parliament security breach case till January 5.

On December 13, 2023, a major security breach occurred on the anniversary of the 2001 Parliament terror attack. Two individuals, identified as Sagar Sharma and Manoranjan D, jumped from the public gallery into the Lok Sabha chamber during Zero Hour. They even shouted slogans and released yellow gas from canisters before being subdued by some MPs.