Accused in the Parliament security breach case, Neelam Azad, moved the Delhi High Court on Wednesday seeking immediate release from Delhi Police custody. Claiming that her arrest was illegal and in violation of Article 22(1) of the Constitution, Azad, along with three other accused, challenged the legality of the remand order dated December 21.
In her plea, Azad asserted that her arrest was against Article 22(1) as she was not allowed to consult her chosen legal practitioner during the remand application proceeding on December 21. She alleged that she was produced after 29 hours, contrary to legal provisions.
The plea emphasized that the court erred by adjudicating the remand application before asking Azad if she wanted legal representation of her choice. This, according to the plea, violated the right guaranteed under Article 22(1) of the Constitution, rendering the remand order unlawful.
Delhi Police, arguing that the accused were "hardened criminals" consistently altering their statements, have registered an FIR under the Unlawful Activities (Prevention) Act in the case. The police informed the court that Sections 16 (terrorism) and 18 (conspiracy for terrorism) of the UAPA have been included in the charges against the accused.
The case involves a significant security breach on the 22nd anniversary of the 2001 Parliament terror attack, where two of the accused entered the Lok Sabha, released yellow gas, and shouted slogans before being subdued by MPs. The Delhi High Court had earlier stayed a trial court's order directing the police to supply Azad a copy of the FIR until the next date of hearing, scheduled for January 4, 2024.
(With Agency Inputs)
