Parliament security breach case: Accused Neelam Azad moves Delhi HC, calls police remand illegal
The HinduNeelam 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 remand order dated 21.12.2023 is illegal and violative of Article 22 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. Article 22 of the Constitution says every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of 24 hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate 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.