Parliament security breach accused Neelam Azad on Tuesday moved Delhi’s Patiala House Court in connection with the case. Following this, the special judge has sought response from the Delhi Police.
The next hearing in this matter is scheduled for January 10.
Azad, the accused in the December 13 security breach case, approached the Delhi High Court in December alleging that her police remand was illegal as she was not allowed to consult a legal practitioner of her choice to defend her at the trial.
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.
She was sent to police custody till January 5 by the trial court.
Under the nation’s legal system, a detainee or a person on their behalf can file a habeas corpus petition in a High Court or the Supreme Court for their production if they feel they have been detained illegally.
Upon production, if the court concerned concludes that the detention is illegal, it can order their release.
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.
Earlier, the High Court had stayed the trial court’s direction to the police to supply a copy of the FIR to Azad, citing that it is a case of sensitive nature.
And according to SC judgement, the FIRs in sexual offences, offences pertaining to insurgency, terrorism and of that category, and those under the Protection of Children from Sexual Offences (POCSO) Act are not to be uploaded on website of the authorities.
In a major security breach on the anniversary of the 2001 Parliament terror attack on December 13, two of the four accused, jumped into the Lok Sabha chamber from the public gallery during Zero Hour and released yellow gas from canisters, while shouting slogans before being overpowered by some MPs.
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