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NEW DELHI — A Delhi court on Thursday denied bail to Neelam Azad, one of the six accused in the December 13, 2023, Parliament security breach case.
Additional Sessions Judge Hardeep Kaur of Patiala House Court pronounced the order after having it reserved on Tuesday.
On Tuesday, the Delhi Police had opposed Azad’s bail plea, saying that the material and documentary evidence demonstrate her involvement in the offence, making her ineligible for release on bail.
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Police had argued that there are reasonable grounds against the accused, and considering the ongoing investigation, bail should be denied.
Citing the accused's alleged influence and power, it had expressed concern about the potential impact on the investigating agency if she were released on bail.
The nature and gravity of the offence, along with the severity of potential punishment, were stressed upon as relevant considerations in the bail decision.
Azad had sought immediate release from the custody of Delhi Police. Terming her arrest as "illegal", she said it was in contravention of Article 22 (1) of the Constitution.
Azad, along with three other accused persons, was arrested from the Parliament premises on December 13, and had challenged the legality of the remand order dated December 21, 2023, on the ground that she wasn’t allowed to consult a legal practitioner of her choice to defend herself during the proceedings.
She has further alleged that she was produced before the court after 29 hours, which was contrary to the law.
Her plea said the court has made a fatal error by adjudicating the remand application first and then asking the petitioner if she wanted to be defended by a legal practitioner of her choice.
"Thus, the right guaranteed under Article 22(1) of the Constitution was grossly violated, making the remand order dated December 21 unlawful," the plea read.
Delhi Police have told a court that the accused in the case were "hardened criminals", consistently altering their statements.
Police have registered an FIR under the Unlawful Activities (Prevention) Act against the accused and are investigating the security lapse issue. It had informed the court that they have included Sections 16 (terrorism) and 18 (conspiracy for terrorism) of the UAPA in the charges against the accused.
In a major security breach on the 22nd anniversary of the 2001 Parliament terror attacks on December 13, 2023, two accused jumped onto the floor of the Lok Sabha, released yellow gas, and raised slogans before being overpowered by the MPs, while two others sprayed coloured gas from canisters shouting slogans outside Parliament premises.