Delhi HC stays order to provide FIR copy to accused

The Delhi High Court on Friday stayed the trial court’s order directing the city police to provide a copy of the FIR to one of the accused in the Parliament security breach case. A bench of Justice Swarana Kanta Sharma also issued a notice to the accused Neelam Devi on the Delhi Police’s plea challenging the trial court’s December 21 order, which mandated the investigative agency to furnish a copy of the FIR to the accused’s counsel in accordance with the law.

“The execution of the order dated December 21 stands stayed till the next date of hearing. Notice issued to the accused for the next date of hearing,” stated the court, and listed the matter for further hearing on January 4, 2024. The Delhi police’s counsel argued that in sensitive matters, the accused should approach the commissioner, who would establish a committee to decide on the application for providing a copy of the FIR. If denied, the accused could then seek relief from the court. It further contended that the trial court made an error in directing them to provide the FIR copy to the accused.

On Thursday, the trial court extended the custody of four accused individuals, Manoranjan D, Sagar Sharma, Amol Dhanraj Shinde, and Neelam Devi, arrested in connection with the Parliament security breach case until January 5, 2024.
Following an application by Neelam, the trial court directed the Investigating Officer (IO) to provide a copy of the FIR to her counsel.

The security breach, which occurred on December 13, marked the anniversary of the 2001 Parliament terror attack. During Zero Hour, two of the accused, Sagar Sharma and Manoranjan D, leaped into the Lok Sabha chamber from the public gallery, released yellow gas, and shouted slogans before being subdued by some Members of Parliament.

Concurrently, Amol Shinde and Neelam Devi, two other accused individuals, sprayed colored gas outside the Parliament House premises while shouting “tanashahi nahi chalegi.”
In addition to the aforementioned four accused, Lalit Jha and Mahesh Kumawat have also been arrested in connection with the case.
All six individuals are currently undergoing interrogation while in police custody.