Delhi High Court Stayed Trial Court order For Supply Of UAPA FIR To Accused Neelam Azad; Parliament Security Breach

The Delhi High Court in the case State v. Neelam Ranoliya @ Neelam Prajapati @ Neelam Azad observed and has stayed the order of trial court wherein the court directed the Delhi Police to supply copy of the FIR being registered by it under Unlawful Activities (Prevention) Act, to accused Neelam Azad who is arrested […]

by TDG Network - December 25, 2023, 9:10 am

The Delhi High Court in the case State v. Neelam Ranoliya @ Neelam Prajapati @ Neelam Azad observed and has stayed the order of trial court wherein the court directed the Delhi Police to supply copy of the FIR being registered by it under Unlawful Activities (Prevention) Act, to accused Neelam Azad who is arrested over recent security breach in the Parliament. The bench headed by Justice Swarana Kanta Sharma in the case observed and has stayed the execution of the trial court order passed yesterday and has issued notice on the petition moved by Delhi Police. The court in the case observed and seek the response of accused Neelam’s on the plea. The Standing Counsel Sanjay Lao appearing for the Delhi Police submitted before the court that the Sessions Judge bypassed the judgment of the Supreme Court holding that in sensitive cases that the FIR in UAPA cases is not to be given to the accused. It has been stated by him before the court 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. The bench of Justice Sharma in the case observed and has stated that the copy of the FIR could not have been given by the trial court to the accused without following the procedure. The court in the case stated that the execution of the order stands stayed till the next date of hearing of the matter. The court issued the notice to the accused for the next date. In the present case, the court was hearing the matter after the Delhi Police made urgent mentioning of the matter before the division bench headed by Acting Chief Justice Manmohan. The court allowed the urgent listing of the matter.Therefore, the court observed that the impugned order was passed by Additional Sessions Judge Hardeep Kaur of Patiala House Courts. Further, the court also permitted Neelam to interact with her lawyer every alternative day for fifteen minutes, observing that she is being entitled for legal assistance. An application was filed before the court by Neelam wherein seeking supply of copy of the FIR and for meeting with her counsel and the family members. The court in the case observed and has remanded Neelam and co-accused Sagar Sharma, Manoranjan D and Amol Shinde to further 15 days of police custody.The court in the case observed that in the major security breach on the anniversary of the 2001 Parliament terror attack, wherein two persons jumped into the chamber of Lok Sabha from the public gallery when the Zero Hour was in session. Thus, the duo was identified as Sagar Sharma and Manoranjan D. The court stated that 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. Adding to it, the court stated that they are being overpowered by some of the Member of Parliaments, MPs. The court stated that two other accused, namely, 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.’