Parliament Security Breach: Delhi High Court Stays Trial Court Order For Supply Of UAPA FIR To Accused Neelam Azad

The Delhi High Court on Friday stayed a trial court order directing the Delhi Police to supply copy of the FIR, registered by it under Unlawful Activities (Prevention) Act, to accused Neelam Azad, arrested over recent security breach in the Parliament.

Justice Swarana Kanta Sharma stayed the execution of the trial court order passed yesterday and issued notice on Delhi Police's plea which was moved earlier today.

The court sought accused Neelam's response on the plea and listed the matter for hearing on January 04, 2024.

Standing Counsel Sanjay Lao for the Delhi Police submitted that the Sessions Judge bypassed the judgment of the Supreme Court holding that in sensitive cases, FIR in UAPA cases is not to be given to the accused.

He further said that there is already a procedure in place that the applicant has to first approach the Commissioner of Police to seek copy of the UAPA FIR and only after the Committee's decision can the applicant move the court.

After hearing the State, Justice Sharma said that the copy of the FIR could not have been given by the trial court to the accused without following the procedure.

“The execution of the order stands stayed till the next date of hearing. In the meantime, issue notice to the accused for the next date,” the court said.

The case was heard after the Delhi Police made urgent mentioning of the matter before a division bench headed by Acting Chief Justice Manmohan in the morning. Urgent listing was allowed for today.

The impugned order was passed by Additional Sessions Judge Hardeep Kaur of Patiala House Courts yesterday. The court also permitted Neelam to interact with her lawyer every alternative day for fifteen minutes, observing that she is entitled for legal assistance.

This was after Neelam filed an application seeking supply of copy of the FIR and for meeting with her counsel and family members.

The judge also remanded Neelam and co-accused Sagar Sharma, Manoranjan D and Amol Shinde to further 15 days of police custody.

In a major security breach on the anniversary of the 2001 Parliament terror attack, two persons jumped into the chamber of Lok Sabha from the public gallery when the Zero Hour was in session. The duo was identified as Sagar Sharma and Manoranjan D.

In the photographs and videos that surfaced on social media, the two were seen holding canisters which released yellow gas. They were also shouting slogans. However, they were overpowered by some of the Member of Parliaments (MPs).

Two other accused, identified as Amol Shinde and Neelam Azad, also sprayed coloured gas from similar canisters outside the premises of the Parliament. They were reportedly shouting "tanashahi nahi chalegi.”

Title: STATE v. NEELAM RANOLIYA @ NEELAM PRAJAPATI @ NEELAM AZAD