news details |
|
|
| HC dismisses Azad’s plea seeking release | | Parliament security breach case: | |  NEW DELHI, Jan 3: 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 the grounds that her police remand was illegal.
A bench headed by Justice Suresh Kumar Kait said the petition, which alleged that Azad was not allowed to consult a lawyer of her choice before the trial court at the time of remand, 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 the trial court granted her custody to police 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.
Also, the order remanding her in police custody was passed without application of mind, he said.
“I am seeking release on the ground that my fundamental right was violated,” he argued.
During the hearing, the high court said no case of violation of her fundamental rights was made out.
“This can’t be the ground. Whatever (legal aid) lawyer was there, the trial court passed the order…There is no such right violated. Go to the trial court. Your case is pending there,” the court told the petitioner’s counsel.
The lawyer for the city police said Azad has already filed a bail application seeking her release in the present FIR which concerns offences under the Unlawful Activities Prevention Act (UAPA).
The lawyer also contended that the petition was not maintainable, and her police custody was already coming to an end on January 5.
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.
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”. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
