Grounds Of Arrest Provided To Accused In Parliament Security Breach Case: Delhi Police To High Court

The Delhi Police on Wednesday told the Delhi High Court that grounds of arrest were provided to Neelam Azad and Mahesh Kumawat, accused in the Parliament security breach case which happened on December 13, 2023.

A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar reserved order in the bail pleas filed by the two accused persons.

Although judgment was reserved in the matter yesterday, the bail pleas were listed again today on the limited point of argument as to whether grounds of arrest were provided to the accused persons.

The counsel appearing for the Delhi Police submitted that the grounds of arrest were provided to the duo as recorded in the case diary, arrest memo, remand application as well as order of the trial court.

The counsel appearing for accused Neelam submitted that all the newspapers or TV channels which covered the case referred to it as parliament security breach and not a terror attack.

To this, the Bench said that the counsel was not making any political speech and must confine to law.

“Do not over-speak the court. We will not be guided by what the newspaper articles say,” Justice Prasad remarked.

The counsel responded that there was no overt act of terror committed by the accused.

“See my slogans, see my behaviour, see my antecedents, education… I am here before a constitutional court for my constitutional right only,” the counsel said.

The Court then proceeded to reserve the matter.

Earlier, the Bench had questioned the Delhi Police as to whether offence under the stringent UAPA is made out against the accused persons.

Previously, the bench had orally remarked that if using smoke canister is a terrorist act, then every holi and IPL match will also attract the offence under UAPA.

The Court had asked the Delhi Police to explain as to whether carrying or using a smoke canister, which is not lethal, is covered for the offence of terrorist act under UAPA.

While opposing Azad's bail plea, the Delhi Police told Court that the accused persons in the case wanted to bring back “haunted memories” of the 2001 Parliament attack to the “majestic” new parliament building.

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.”

Case Title: Neelam Azad v. State and other connected matter