The Delhi High Court dismissed Neelam Azad's habeas corpus plea, seeking immediate release from Delhi Police custody in the Parliament security breach case. Azad, one of the accused, challenged her arrest, claiming it was illegal and violated Article 22(1) of the Constitution.
Despite arguments from Azad's counsel regarding challenges to the remand order and alleged restrictions on consulting her chosen lawyer, the bench of Justice Suresh Kumar Kait and Justice Manoj Jain deemed the petition not maintainable, citing Azad's application already pending before the trial court.
Azad, along with five others, faces charges related to the December 13, 2023, Parliament security breach. The accused, currently in police custody until January 5, were involved in an incident where smoke canisters were burst inside Parliament and yellow smoke was released in the Lok Sabha hall.
The court stayed the trial court's directive for Delhi Police to provide Azad with a copy of the FIR until January 4. Police have charged the accused under the Unlawful Activities (Prevention) Act, including sections related to terrorism and conspiracy. The police have also highlighted the accused's inconsistent statements and are investigating the security lapse issue.
Azad's plea contends that her constitutional rights were violated due to the alleged prevention of legal representation of her choice during the remand proceedings. The court's adjudication of the remand application before allowing her to choose her legal representative was cited as a violation of Article 22(1) of the Constitution.
The High Court's decision, dismissing Azad's petition, upholds the pending application before the trial court, and the case is scheduled for further hearings.
(With Agency Inputs)
