The Delhi High Court on January 3 dismissed a petition by Neelam Azad, an accused in the December 13 Parliament security breach case, seeking her release on the ground that her police remand was illegal.
The High court said the petition was not maintainable, noting that Ms. Azad had already moved bail application before a trial court here.
Ms. Azad, a resident of Gasho Khurd village in Jind, Haryana, was arrested by the Delhi Police on December 13. She was among the four people who sprayed colour gas and shouted slogans outside the Lok Sabha.
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A trial court here had remanded her in police custody till January 5.
Ms. Azad had filed a habeas corpus plea seeking her production before the High Court as well as an order to “set her at liberty”. Her plea said that being disallowed to consult a lawyer of her choice amounted to violation of her fundamental right guaranteed under the Constitution, making the remand order unlawful.
The Delhi Police counsel opposed the plea saying that Ms. Azad was in police custody till January 5. The police’s counsel said she had already moved a bail plea before the trial court.
The High Court said no such grounds of violation of Ms. Azad’s fundamental rights were made out.
In her bail plea before the trial court, Ms. Azad had cited delay in providing legal counsel. “She was under compulsion to either get represented by DLSA (court provided legal aid) or proceed without any legal representation,’’ the bail application states.
In the plea, Ms. Azad added that she did not even get an opportunity to discuss the circumstances of her arrest with the legal counsel which had impacted her case.
