Parliament security breach case: Accused Neelam Azad moves Delhi HC, calls police remand illegal
The Hindu
Under Indian laws, 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.
Neelam Azad, an accused arrested in the December 13 Parliament security breach case, on Wednesday approached the Delhi High Court alleging her police remand was illegal as she was not allowed to consult a legal practitioner of her choice to defend her during the trial court proceedings.
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.
The matter is likely to be mentioned for urgent hearing before a vacation bench of the High Court on Thursday.
Under Indian laws, 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.
"Upon her arrest, the petitioner’s family wasn’t informed. It was informed only in the evening of 14.12.2023. Further, she wasn’t permitted to meet any person including advocates which is mandatory under Article 22(1) of the Constitution of India. Even at the court a single DLSA (Delhi Legal Services Authority) counsel was appointed to all the accused persons without giving them any choice among counsels," the plea, filed through lawyer Suresh Kumar, alleged.
"The remand order dated 21.12.2023 is illegal and violative of Article 22(1) of the Constitution of India which mandates the accused person to be defended by a legal practitioner of his choice whereas in the present case the petitioner’s advocate wasn’t permitted to take instructions and defend the petitioner prior to the disposal of the remand application," the plea added.
The petition also said she was produced before the trial court on December 14 "after a period of 29 hours from the time of arrest".
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