The Delhi High Court said that the plea filed by Neelam Azad in the Parliament Security Breach case accused for release from police custody was not maintainable.
Noting that Azad has already filed a bail application before the trial court,a Division Bench comprising of Justice Suresh Kumar Kait and Justice Manoj Jain dismissed the petition.
Neelam Azad had filed a habeas corpus plea, last week seeking immediate release from police custody.
Azad also had challenged the legality of the trial court order dated December 21, 2023 remanding her to police custody.
During the course of time, Azad asserted that she was not permitted to meet legal practitioners of her choice, which made it difficult for her to defend herself during the remand proceedings.
Azad in his plea stated that it was only after the disposal of the remand application that she was asked by Court if she wanted to be represented by an advocate of her choice which she replied in affirmative and an order was passed permitting the petitioner to consult her advocate.
Neelam Azad, who is one of the six accused in the Parliament security breach case, moved the Delhi High Court recently challenging the legality of her arrest.
The 37-year-old contended in her petition that she was not allowed to consult a legal practitioner of her choice to defend her during the trial court proceedings.
Filed by Advocate Suresh Kumar, the habeas corpus plea sought immediate release of Azad from custody on the grounds that she was produced before a court on December 14, 29 hours after her arrest.
She further challenged the legality of December 21 remand order of the trial court on the grounds that it violated Article 22 (1) of the Constitution.
The trial court had remanded her to 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.
The petitioner was among the six persons arressted by the Special Cell of Delhi Police in the Parliament Security Breach case.
Azad, a resident of Ghaso Khurd village in Haryana, was reportedly detained along with wrestler Sakshi Malik’s mother and farmer leader Sikkim Nain during the famers’ protests on December 13.
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