Delhi High Court Grants Bail To Two Accused In Parliament Security Breach Case

The Delhi High Court has granted conditional bail to Neelam Azad and Mahesh Kumawat, both arrested in connection with the Parliament security breach on 13 December 2023.

A bench comprising Justices Subramonium Prasad and Harish Vaidyanathan Shankar delivered the verdict after hearing arguments from all parties and reserving the order in the previous session.

In its ruling, the court made it clear that the accused must not tamper with any evidence or attempt to influence witnesses during the bail period.

Any violation of these terms could lead to cancellation of bail and further legal consequences.

The court underlined that the sanctity of Parliament, as a national symbol, must be upheld at all costs.

The court’s sharp observations

During earlier hearings, the court had cautioned against any glorification of the accused. It strongly objected to comparisons drawn between the arrested individuals and freedom fighters like Bhagat Singh.

“Such comparisons are inappropriate and cannot be justified in the present context,” the bench remarked.

Questions on the application of UAPA

The judges also questioned the Delhi Police regarding the application of the Unlawful Activities (Prevention) Act (UAPA) in the case.

The court questioned the justification for charging the accused under such a stringent law for releasing coloured smoke inside Parliament and emphasised that the nation must treat any security breach in Parliament with utmost seriousness, as it affects national pride.

On the anniversary of the 2001 Parliament attack, two individuals—Sagar Sharma from Lucknow and Manoranjan D from Mysuru—jumped into the Lok Sabha chamber from the visitors’ gallery.

One of them climbed onto a desk and released yellow smoke from canisters hidden in his shoes, leading to chaos in the House. MPs apprehended them with the help of security personnel.

Security personnel simultaneously caught two more individuals, including Neelam Azad and Amol Shinde, outside Parliament while they released similar coloured smoke and shouted slogans.

Investigators also named Mahesh Kumawat and Lalit Jha in the subsequent chargesheet filed under the UAPA and the Indian Penal Code. Authorities are now prosecuting all six individuals.

The court took note that the police had already filed a chargesheet within the mandated 90-day period for offences with a punishment of over seven years, thereby meeting legal requirements under the Indian Penal Code.

Authorities have increasingly invoked the UAPA, enacted in 1967 and amended in 2019, in sensitive cases like this.

While the bail comes as relief to the accused, the legal battle is far from over.

The judiciary’s remarks reflect the gravity with which it views security breaches of this nature.

The trial will continue under close scrutiny, with national security remaining a central concern.

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