Parliament breach: Delhi High Court refuses Neelam Azad urgent hearing on police remand
Delhi High Court on Thursday refused urgent listing of a plea by Neelam Azad, a woman arrested in the December 13 Parliament security breach case, who alleged that 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. The matter was mentioned for urgent hearing by her lawyer before a vacation bench of Justices Neena Bansal Krishna and Shalinder Kaur, which said there was no urgency in the matter.
«In any case it will be taken up on 3rd (January).
There is no urgency,» the bench said.
Azad's lawyer said she has challenged her remand order and on January 5, her police custody was getting over.
Turning down the request, the court responded there was still «enough time» for the hearing to take place before the remand came to an end.
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 that being disallowed to consult a lawyer of her choice amounted to violation of her fundamental right guaranteed under the Constitution, making the remand order unlawful.
The trial court has remanded her in police custody till January 5.
Under Indian laws, a detainee or a person on their behalf can file a habeas corpus petition in a high court or the Supreme Court for their production if they feel they have been detained illegally.
Upon production, if the court concerned concludes that the detention is illegal, it can order their release.
«Upon her arrest, the petitioner's family wasn't informed. It was informed only in the evening of 14.12.2023.
