The Delhi High Court on Wednesday dismissed a petition by Neelam Azad, an accused arrested in the December 13 Parliament security breach case, seeking her release on ground that her police remand was illegal.
A bench headed by Justice Suresh Kumar Kait said the petition was not maintainable.
"Petitioner has already moved bail application before the trial court.Present petition is not maintainable and is dismissed accordingly," the bench, also comprising Justice Manoj Jain said.
Azad's lawyer argued that the police custody was in violation of the provisions of the Constitution as she was not allowed to consult a legal practitioner of her choice to defend her during the trial court proceedings.
During the hearing, the high court said no such grounds of violation of her fundamental rights was made out.
In her petition seeking a writ of habeas corpus directing her production before the high court as well as an order to "set her at liberty", Azad said not allowing her to consult a lawyer of her choice amounted to violation of her fundamental right guaranteed under the Constitution, making the remand order unlawful. The trial court has remanded her in police custody till January 5.
On December 21, the trial court had extended till January 5 the police custody of four accused, including Azad, arrested in the Parliament security breach case, after the city police said they needed to uncover all those involved in the conspiracy.
While the four were arrested on the day of the incident itself, two others were apprehended later.
In a major security breach on the anniversary of the 2001 Parliament terror attack on December 13, 2023, two persons identified as Sagar Sharma and Manoranjan D jumped into the Lok Sabha chamber from the public gallery during Zero Hour, released yellow gas from canisters and shouted slogans before being overpowered by some MPs.
Around the same time, two others- Amol Shinde and Azad- also sprayed coloured gas from canisters while shouting "tanashahi nahi chalegi" outside the Parliament House premises.
Besides the four accused, police have also arrested Lalit Jha and Mahesh Kumawat in the case. All are being interrogated in police custody.
