Parliament security breach case: HC dismisses plea by accused Neelam Azad against police remand
New Delhi (PTI): The Delhi High Court on Wednesday dismissed a petition by Neelam Azad, an accused arrested in the December 13 Parliament security breach case, seeking her release on ground that her police remand was illegal.
A bench headed by Justice Suresh Kumar Kait said the petition was not maintainable.
"Petitioner has already moved bail application before the trial court.Present petition is not maintainable and is dismissed accordingly," the bench, also comprising Justice Manoj Jain said.
Azad's lawyer argued that the police custody was in violation of the provisions of the Constitution as she was not allowed to consult a legal practitioner of her choice to defend her during the trial court proceedings.
During the hearing, the high court said no such grounds of violation of her fundamental rights was made out.
In her petition seeking a writ of habeas corpus directing her production before the high court as well as an order to "set her at liberty", Azad said not allowing her to consult a lawyer of her choice amounted to violation of her fundamental right guaranteed under the Constitution, making the remand order unlawful. The trial court has remanded her in police custody till January 5.
On December 21, the trial court had extended till January 5 the police custody of four accused, including Azad, arrested in the Parliament security breach case, after the city police said they needed to uncover all those involved in the conspiracy.
While the four were arrested on the day of the incident itself, two others were apprehended later.
In a major security breach on the anniversary of the 2001 Parliament terror attack on December 13, 2023, two persons identified as Sagar Sharma and Manoranjan D jumped into the Lok Sabha chamber from the public gallery during Zero Hour, released yellow gas from canisters and shouted slogans before being overpowered by some MPs.
Around the same time, two others- Amol Shinde and Azad- also sprayed coloured gas from canisters while shouting "tanashahi nahi chalegi" outside the Parliament House premises.
Besides the four accused, police have also arrested Lalit Jha and Mahesh Kumawat in the case. All are being interrogated in police custody.
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Where is question of offence when there is consensual relationship? SC asks
New Delhi (PTI): Where is the question of an offence when a relationship is consensual? the Supreme Court on Monday asked a woman who had challenged an order of the Madhya Pradesh High Court that had quashed an FIR against her former live-in partner in a case of alleged sexual assault on a false promise of marriage.
A bench of Justices B V Nagarathna and Ujjal Bhuyan noted that the woman lived together with the man and also had a child from him.
"Where is the question of offence when there is a consensual relationship? They were living together and she also had a child from him and then there is no marriage and now, she says sexual assault? For 15 years they lived together," Justice Nagarathna remarked.
The woman's counsel told the court that she had lost her husband earlier and was introduced to the accused by her brother-in-law.
The court was also told that the accused had promised to marry her and sexually exploited her.
Justice Nagarathna then asked, "Why did she go and live with him before marriage?"
"She lived with him. She had a child from him. He walks out because there is no marriage bond. Legal bond is not there. He walks out, that is the risk in a live-in relationship. So once he walks out, it does not become a criminal offence," she said.
The woman's lawyer submitted that the accused was already married and had concealed this fact.
"See, if there was marriage, the question of her rights would have been better. She could have filed regarding bigamy. She could have filed for maintenance. She would have got those reliefs. Now since there is no marriage, they live together, this is the risk. They can walk out any day. What do we do?" Justice Nagarathna said.
She suggested that the woman could pursue remedies, such as maintenance for the child, and asked the parties to go for mediation.
"Even if he goes to jail, what will she gain? We can think of some maintenance for the child. Child is now seven years (old). At least, some monetary compensation can be made for the child," Justice Nagarathna said.
The apex court issued a notice in the matter and asked the parties to explore if a settlement could be reached between the petitioner and the accused.
