NEW DELHI: The Delhi High Court on Wednesday dismissed a plea moved by Neelam Azad, the only woman accused arrested in the December 13 Parliament security breach case, seeking her immediate release while alleging her police remand was illegal.
Dismissing Neelam's habeas corpus plea, a division bench headed by Justice Suresh Kumar Kait and comprising Justice Manoj Jain noted that her bail plea is pending before the trial court.
"For the relief sought in the present petition, the petitioner has already moved an application before the trial court... The petition is not maintainable and dismissed accordingly," the bench ordered.
During the hearing, Neelam's counsel argued that there was a "clear non-application of mind" by the cops in registering the FIR against his client.
Arguing there is a violation of her fundamental rights, the counsel further said, she was not allowed to get the legal help of a lawyer. "I was not allowed to talk to my lawyer. They restrained me from talking to the lawyer. It is an admitted fact, it's in the status report," it was argued.
To this, Justice Kait remarked that there is no such right that has been violated. "You're already before the trial court," the bench said.
Counsel appeared for the Delhi Police and argued that Neelam had already moved a bail application before the trial court. They're seeking bail because fundamental rights have been violated, it was submitted on behalf of cops.
According to Neelam's plea, only after the disposal of the remand application, she was asked by the Court if she wanted to be represented by an advocate of her choice which she replied in affirmative. Accordingly, an order was passed permitting the petitioner to consult her advocate, her plea contended.
On Tuesday, Patiala House Court in the city sought Delhi Police's response on the bail plea moved by Neelam Azad which has cited that she was allegedly produced in the court 29 hours after her arrest violating the rights as per the constitution.
In the meanwhile, the ASJ also posted for January 5 the hearing of an application filed by the special cell of Delhi Police seeking permission to conduct polygraphs on all the six accused persons in the case, besides additional tests on two of them.
The modified application for a narcotics test was moved by cops seeking a brain mapping test on accused Manoranjan D and Sagar Sharma who caused the security breach at the new Parliament building on December 13 after they jumped from the visitors' gallery to the chamber diffusing yellow gas from smoke canisters that they had carried.
Neelam and another accused person Amol Shinde were arrested outside the Parliament at the same time after a similar protest with smoke canisters.