A Police lady taking accused Neelam away from exterior the Parliament on December 13.
In an try to get out of Delhi Police custody instantly, Neelam Azad, accused of parliament breach moved to the Delhi Excessive Court docket Wednesday and filed a habeas corpus request.
On December 13, she and different suspects had been taken into custody in relation to the safety breach case at Parliament.
Lawyer Suresh Kumar on behalf of Neelam Azad claimed that her arrest was illegal and in violation of Article 22(1) of the Structure. The plea additionally claimed that the household was notified within the night although she was taken into custody within the afternoon.
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“There are guidelines by the Supreme Court regarding the arrest of any person. We feel that the guidelines set by the SC were not followed in this case. Secondly, there is the issue of remand… now the date is for January 3 and we will try that this case is mentioned before the court as soon as possible,” Advocate Suresh Kumar mentioned whereas talking to ANI.
She additionally alleged that she was produced 29 hours opposite to the legal guidelines.The plea additional challenged the legality of the remand order handed by the trial court docket dated December 21 on the bottom that she wasn’t allowed to seek the advice of the authorized practitioner of her option to defend her in the course of the continuing of the remand software moved by the Delhi Police.
The Plea additional acknowledged that it’s a settled precept of legislation that the rights enshrined beneath the provison (1) and (2) of Article 22 of the Structure of India activate as quickly because the arrest is made.
The state was beneath obligation to allow the petitioner to seek the advice of a authorized practitioner of her alternative proper after her arrest however the identical wasn’t complied with reasonably the state had been opposing the petitioner’s proper to seek the advice of her advocate until December 21.The Delhi Excessive Court docket final week has stayed the trial Court docket order directing Delhi Police to provide an FIR Copy to one of many accused Neelam Azad.
Delhi Police had moved to the Excessive Court docket difficult the trial court docket order with reference to provide a replica of the FIR to one of many accused Neelam Azad in reference to the Parliament safety breach case.
The Bench of Justice Swarna Kanta Sharma, after noting the submissions of Delhi Police ordered that the trial court docket’s instructions will likely be stayed until January 4, 2024.In the meantime, the court docket additionally issued notices to the accused Neelam Azad on Delhi Police plea.
The Patiala Home Court docket had earlier had allowed an software moved by one of many accused Neelam Azad’s household searching for a provide of a replica of FIR registration beneath numerous sections of IPC and UAPA.
The court docket had additionally allowed plea searching for court docket route to Delhi Police to permit Neelam’s Lawyer to fulfill for authorized recommendation in the course of the custodial remand interval.
The case entails a safety breach that occurred on December 13, when two youths jumped into the Lok Sabha chamber throughout Zero Hour, setting off smoke cans and elevating slogans.
The probe earlier revealed additional that two pairs of sneakers had been made on a particular order in Lucknow, because the accused realized that the sneakers of holiday makers to the brand new Parliament weren’t checked they usually may disguise their smoke cans beneath their footwear, sources mentioned.
(With inputs from ANI)