Parliament security breach case: Court reserves order on accused Neelam Azad’s bail

New Delhi [India], September 9 (ANI): The Patiala House Court on Monday reserved its order on the bail plea of Neelam Azad, who was accused in the Parliament security breach case last year. After hearing arguments, Additional Sessions Judge Hardeep Kaur decided to reserve the decision and scheduled the pronouncement of the order for September 11, 2024.

While opposing her bail plea, Special Public Prosecutor (SPP) Akhand Pratap Singh submitted that there are strong, cogent, convincing, clinching and credible material, evidence and other documents against the present accused which disentitles her to be released on bail. There is adequate, substantial and sufficient material, evidence and other documents against the present accused which show her involvement in the offence, attracting the provisions of the Unlawful Activities (Prevention) Act, 1967.

It is further argued by SPP that the exposition of law regarding the tripe test principle is not satisfied in the present case, i.e. (i) flight risk, (ii) threatening/influencing witnesses and (iii) tempering of evidence. The accused persons are powerful and influential, which is detrimental to the investigating agency if released on bail.

The nature of offence or gravity of offence and severity of punishment are also relevant considerations at the stage of consideration of bail. The material, evidence and other documentary evidence show her complicity in the offence and thus disentitle her to be released on bail, stated Delhi Police.

On the other hand, Balraj Malik argued that the prosecution’s claims do not demonstrate a threat to economic security or sovereignty and criticised the use of the Unlawful Activities (Prevention) Act (UAPA) to silence dissent. Malik pointed out that the accused were reportedly beaten up in Parliament, questioning the prosecution’s characterisation of the events.

Earlier on June 7, 2024, Delhi Police had filed an approximately 1000-page chargesheet against all six arrested accused, namely Manoranjan D, Lalit Jha, Amol Shinde, Mahesh Kumawat, Sagar Sharma, and Neelam Azad.

Delhi LG, VK Saxena recently accorded prosecution sanction under the Unlawful Activities (Prevention) Act against six persons accused in the Parliament attack on 13.12.2023. Delhi LG, accorded prosecution sanction against six persons under the Unlawful Activities (Prevention) Act (UAPA) for allegedly attacking the Parliament on 13.12.2023, while the House proceedings were on. Six persons, namely Manoranjan D, Sagar Sharma, Amol Dhanraj Shinde, Neelam Ranolia, Lalit Jha and Mahesh Kumawat, are accused of illegally entering the Parliament and throwing smoke canisters in the Lok Sabha during the live session.

Delhi Police had requested their prosecution u/s 16 and 18 of UAPA from the competent authority, i.e., the Lt. Governor, who, having found sufficient material on record, granted prosecution sanction. While the Delhi Police had requested the necessary prosecution sanction under UAPA, the Review Committee (DoP, Tis Hazari, Delhi) on May 30, 2024, had also gone through the entire evidence collected by the Investigating Agency and found the involvement of the accused in the Parliament attack case. Accordingly, the Review Committee noted that prima facie a case was made out against the accused under UAPA.

The Delhi Police had registered a case/FIR 14.12.2023, u/s 186/353/452/153/34/120B of IPC and 13/16/18 UA (P) Act, at the Parliament Street Police Station on the complaint made by the security officer in the Lok Sabha.

The investigation of the case was later transferred from the Parliament Street Police Station to the Counter Intelligence Unit of the PS Special Cell, New Delhi. During the investigation, the above six accused persons were arrested and at present all of them are in judicial custody.

This case pertains to a security breach at parliament on the anniversary of the Parliament attack case on December 13, 2023. All six persons are presently in judicial custody.