The Delhi High Court dismissed a habeas corpus petition filed by Neelam Azad, seeking her release from detention following her connection to the recent breach of security at the Indian Parliament. The petition was filed under Article 226 of the Constitution of India, in conjunction with Section 482 of the Code of Criminal Procedure (CrPC).
This legal manoeuvre fundamentally challenges the legality of an individual’s detention, on the grounds that it infringes on personal liberty rights. Under Article 32, individuals can lodge habeas corpus petitions in the Supreme Court, or through Article 226 for the High Court. The High Court can dismiss an entire case under Section 482 of the CrPC, upon the complaint’s quashing.
However, the court ruled that Azad’s petition was not maintainable, as she had already filed a similar application before the trial court. It is important to note that the court didn’t weigh in on the merits of the contentions made in the petition.
In a related case, Delhi Police has been instructed by the Patiala House Court to respond to Azad’s bail application by January 10. Azad claimed that her right under Article 22 of the Indian Constitution, which safeguards arrested individuals’ interests, was violated. Specifically, she was not presented before a magistrate within 24 hours, as stipulated by the constitution but 29 hours later. In addition, Azad asserts she wasn’t given sufficient time to consult with counsel from the District Legal Services Authority (DLSA).
Four individuals who are suspected to have caused a security breach in the Lok Sabha, the lower house of Parliament, by releasing smoke in the chamber have been charged with terrorism offences. They face charges under the Unlawful Activities (Prevention) Act (UAPA), in addition to allegations of conspiracy and obstruction of a public servant. The incident was allegedly part of a well-planned conspiracy and took place during “Zero Hour”, when MPs address urgent matters.
For more detailed information around the events, visit the article on Jurist.org.