NEW DELHI: The Delhi High Court on Monday directed the city police to submit its response to the bail petition filed by Neelam Azad, the only woman accused in the December 13, 2023, Parliament security breach case.
A division bench comprising Justices Prathiba M Singh and Rajneesh Kumar Gupta also issued a notice to the prosecution regarding Azad’s application seeking condonation of delay in challenging the trial court’s decision, which had denied her bail on September 11, 2024.
The court observed that the appeal had been filed after a delay of 142 days, exceeding the stipulated 90-day period under the law. Initially, the bench remarked that the delay could not be condoned under the Unlawful Activities (Prevention) Act (UAPA), making the appeal non-maintainable.
However, the court was later informed about a recent Supreme Court ruling that prevents the dismissal of such appeals solely on the grounds of delayed filing. The prosecution opposed Azad’s appeal, arguing that it was barred by limitation and asserting that she was allegedly part of a larger conspiracy with her co-accused.
It also claimed that there was sufficient evidence of her communication with them over the phone. During the proceedings, the bench questioned the nature of Azad’s alleged role in the incident, asking, “What was she trying to do? Was she throwing smoke canisters in Parliament?” In response, her counsel contended that she had no explosives and was merely present outside the premises.
The high court scheduled the next hearing for April 16 and directed the submission of electronic records from the trial court.
Azad’s lawyer argued that she was not involved in the security breach and had not entered Parliament, adding that financial constraints delayed the filing of her appeal.
The trial court had earlier rejected her bail plea, citing “prima facie” evidence against her. It had also noted that all accused, including Azad, were aware of the threat issued by designated terrorist Gurpatwant Singh Pannu regarding an attack on Parliament on December 13, 2023.
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