Parliament breach accused challenges police custody as 'illegal' in court petition
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New Delhi: Neelam Azad, one of the accused involved in the breach of Parliament security on December 13, has moved to the Delhi High Court, contesting the legality of her police remand.
Alleging that her rights to consult a chosen legal representative were violated during trial court proceedings, Azad has petitioned for a writ of habeas corpus, urging the High Court to direct her production and secure her release.
The petition contends that Azad was not permitted to seek legal counsel of her preference, violating her fundamental rights under the Constitution. It argues that her remand order is unlawful due to this breach of her rights.
The trial court had remanded Azad in police custody until January 5, and the matter is set to be urgently heard by a vacation bench of the High Court on Thursday.
Azad's petition, represented by lawyer Suresh Kumar, highlighted several alleged infringements, including the delay in informing her family about her arrest and the denial of access to legal counsel following her arrest, both of which are protected under Article 22(1) of the Indian Constitution. Additionally, it raised concerns over the absence of an opportunity for Azad to confer with her advocate before the remand application was decided.
The plea further highlighted the delay in Azad's appearance before the trial court after her arrest, surpassing the constitutionally stipulated period of 24 hours under Article 22(2) for detainees to be produced before the nearest magistrate. It also underscored that Azad and three others had their police custody extended till January 5, while two others were arrested subsequently.
Notably, the High Court previously intervened, staying the trial court's directive to provide Azad with a copy of the FIR, citing the sensitive nature of the case. The FIRs in certain categories, including those related to sexual offences, insurgency, terrorism, and cases under the Protection of Children from Sexual Offences (POCSO) Act, are not publicly disclosed as per a Supreme Court judgement.
The Parliament breach involved individuals entering the Lok Sabha chamber during Zero Hour, releasing gas and shouting slogans, triggering a major security breach reminiscent of the 2001 Parliament terror attack. Azad, alongside others, sprayed coloured gas outside the Parliament House premises during the incident. Currently, all accused, including Azad, are undergoing interrogation in police custody.