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Parliament security breach: Delhi court rejects bail plea of accused Neelam Azad
Azad approached the court on January 2, seeking regular bail, citing her arrest was in violation of Article 22 of the Constitution as she was produced before the court 29 hours after her arrest
New Delhi: A Delhi court on Thursday dismissed the bail application moved by Neelam Azad, one of the accused in the parliament security breach.
Additional sessions judge Hardeep Kaur denied bail to Azad, stating that the investigation in the case is at a nascent stage and the allegations against her are “serious in nature”.
“Considering the nature and seriousness of allegations levelled against the accused and the initial stage of investigation, I do not find it to be a fit case to release the accused on bail. The present bail application stands dismissed,” additional sessions judge Kaur said.
Azad approached the court on January 2, seeking regular bail, citing her arrest was in violation of Article 22 of the Constitution as she was produced before the court 29 hours after her arrest.
According to the procedure, an accused should be produced by the investigating authorities before the court within 24 hours of their arrest.
The court observed that as per the record, Azad was produced before the court of duty magistrate at 1.40am on the intervening night of December 13 and 14, seeking permission to arrest her and only after obtaining the consent of the court she was arrested.
“Therefore, the contention raised by Ld. Counsel that the accused was produced before this court after 29 hours does not find force, and the same is liable to be rejected outrightly”, the court said.
The court also rejected Azad’s contention that the counsel from the District Legal Services Authority (DLSA) was provided to her without her wishes.
“The record shows that on 14.12.2023, when the accused persons were produced before this court for the first time, all the accused persons, including the present accused were specifically asked about engaging any private counsel to which they all replied in negative and only thereafter, Ld. Remand Advocate who was present in the court was asked to interact with the accused persons and also to assist them”, the order said.
Azad was arrested along with three other accused – Sagar Sharma, Manoranjan D and Amol Shinde – for breaching the Parliament security on December 13.
While Sharma and Manoranjan D jumped into Lok Sabha from the visitors’ gallery after clearing three layers of security and sprayed coloured smoke in a major security breach, Azal and Shinde began protesting outside the Parliament with similar gas canisters after which they were arrested.
The four said the intrusion was planned to seek the attention of the government on issues such as inflation and poverty.
The alleged attack coincided with the anniversary of the 2001 terrorist attack on Parliament and sparked questions about laxity in security.
The police had charged the accused under the Unlawful Activities (Prevention) Act and 120B, 452, 186, 353, 452, 153 and 34 of the Indian Penal Code.
