Delhi High Court: Neelam Azad, an accused in the Parliamentary Security Breach, which happened in December 2023, filed a habeas corpus plea seeking immediate release from police custody, and she challenged the legality of the Trial Court order dated 21-12-2023, whereby she was remanded to further 15 days of police custody, expiring on 05-01-2024. The Division Bench of Suresh Kumar Kait and Manoj Jain, JJ., dismissed Neelam Azad’s plea while noting that her bail plea was already pending before the Trial Court.
Neelam Azad submitted that she was not allowed to consult the legal practitioner of her choice to defend her during the proceedings. Her counsel submitted that the impugned order was passed without any application of mind by the Trial Court and thus, she must be released from custody. The counsel also submitted that there had been a violation of fundamental right, as she was restrained by the Delhi Police from having a lawyer of her choice.
The counsel on behalf of the Delhi Police submitted that “the present petition was not maintainable because Neelam Azad was in police custody till 05-01-2024 and she had moved an application for bail which would be considered. We do not know whether police custody or judicial custody would be given. So, the prayer was not maintainable. You could not have two forums to seek same relief”.
The Court dismissed the petition and held that Neelam Azad had already moved an application before the Trial Court, hence the present petition was not maintainable.
[Neelam Azad v. State (NCT of Delhi)]
Source: Press
