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New Delhi ‘3rd Jan’2024 : The Delhi High Court on Wednesday dismissed a habeas corpus plea moved by accused Neelam Azad in connection with the Parliament security breach case.
Neelam Azad through plea had sought direction to immediately release her from the custody of Delhi Police. She was arrested along with other accused on December 13.
The bench of Justice Suresh Kumar Kait and Justice Manoj Jain after noting that the accused has already moved a bail plea in trial court on the same ground, said the habeas corpus is not maintainable.
The lawyer who appeared for Neelam Azad submitted that the present plea was filed after the accused was denied her fundamental right to meet with legal counsel when she was arrested.
Neelam Azad through Lawyer Advocate Suresh Kumar alleged that her arrest was illegal and in contravention of Article 22(1) of the Consitution. The plea further alleged that though she was arrested in the afternoon, the family was informed in the evening.
“There are guidelines by the Supreme Court regarding the arrest of any person. We feel that the guidelines set by the SC were not followed in this case.”, submitted the lawyer.
She also alleged that she was produced 29 hours contrary to the laws.
The plea had further challenged the legality of the remand order passed by the trial court dated December 21 on the ground that she wasn’t allowed to consult the legal practitioner of her choice to defend her during the proceeding of the remand application moved by the Delhi Police.
The Plea further stated that it is a settled principle of law that the rights enshrined under the provision (1) and (2) of Article 22 of the Constitution of India activate as soon as the arrest is made.
The state was under obligation to enable the petitioner to consult a legal practitioner of her choice right after her arrest but the same wasn’t complied with rather the state had been opposing the petitioner’s right to consult her advocate till December 21.
The Delhi High Court has recently also upheld the trial Court order directing Delhi Police to supply an FIR Copy to one of the accused Neelam Azad.
Delhi Police had moved to the High Court challenging the trial court order in regards to supplying a copy of the FIR to one of the accused Neelam Azad in connection with the Parliament security breach case.
The Bench of Justice Swarna Kanta Sharma, after noting the submissions of Delhi Police ordered that the trial court’s directions will be stayed till January 4, 2024..Meanwhile, the court also issued notices to the accused Neelam Azad on Delhi Police plea.
The Patiala House Court had earlier allowed an application moved by one of the accused Neelam Azad’s family seeking a supply of a copy of FIR registration under various sections of IPC and UAPA.
The court had also allowed plea seeking court direction to Delhi Police to allow Neelam’s Lawyer to meet for legal advice during the custodial remand period.
The case involves a security breach that occurred on December 13, when two youths jumped into the Lok Sabha chamber during Zero Hour, setting off smoke cans and raising slogans.
The probe earlier revealed further that two pairs of shoes were made on a special order in Lucknow, as the accused learned that the shoes of visitors to the new Parliament were not checked and they could hide their smoke cans under their footwear.