Parliament Security Breach: Delhi High Court Dismisses Accused Neelam Azad's Plea Seeking Release From Custody

The Delhi High Court on Wednesday dismissed a habeas corpus petition moved by accused Neelam Azad, arrested over the security breach in the Parliament last month, seeking immediate release from police custody.

A division bench comprising Justice Suresh Kumar Kait and Justice Manoj Jain observed that the plea is not maintainable as Azad has already moved bail plea before the trial court.

“…the petition is not maintainable and is dismissed accordingly,” the bench said.

Azad's habeas corpus plea challenged the remand order passed by the trial court on December 21 vide which she was remanded to further 15 days of police custody expiring on January 05. 

It was her case that she was not allowed to consult the legal practitioner of her choice to defend her during the proceeding.

During the hearing today, Azad's counsel said that the impugned order was passed without any application of mind by the trial court and thus, Azad must be released from custody. The counsel also said that there has been a violation of fundamental right of Azad as she was restrained by the Delhi Police from having a lawyer of her choice.

On the other hand, the Delhi Police opposed the plea on the ground that it was not maintainable as Azad had already moved a bail plea before the trial court.

“This petition is not maintainable because the petitioner is in police custody till January 05 and she has moved an application for bail which will be considered. We don't know whether police custody or judicial custody will be given. So the prayer is not maintainable. You cannot have two forums (to seek same relief),” the Delhi Police's counsel said.

Apart from Azad, co accused Sagar Sharma, Manoranjan D, Neelam Verma, Amol Shinde, Lalit Jha and Mahesh Kumawat are also in police custody.

Meanwhile, a single judge on December 22 stayed the trial court order directing the Delhi Police to supply copy of the FIR, registered by it under Unlawful Activities (Prevention) Act, to Azad. The case is coming up for hearing tomorrow.

In a major security breach on the anniversary of 2001 Parliament terror attack, two persons jumped into the chamber of Lok Sabha from the public gallery when the Zero Hour was in session. The duo was identified as Sagar Sharma and Manoranjan D.

In the photographs and videos that surfaced on social media, the two were seen holding canisters which released yellow gas. They were also shouting slogans. However, they were overpowered by some of the Member of Parliaments (MPs).

Two other accused, identified as Amol Shinde and Neelam Devi, also sprayed coloured gas from similar canisters outside the premises of the Parliament. They were reportedly shouting "tanashahi nahi chalegi.”

Title: Neelam Azad v. State

Citation: 2024 LiveLaw (Del) 4