New Delhi [India]: The Patiala House Court on Wednesday dismissed the bail plea of Neelam Azad, who was accused in the Parliament security breach case last year.
While dismissing the bail plea, the Additional Sessions Judge, Dr Hardeep Kaur, said, “there are sufficient reasonable grounds for believing that the allegations made against accused are prima facie true. Therefore, this Court does not find it to be a fit case to grant regular bail to accused.”
This was the second bail plea, which was moved by the same accused.
Court further noted that in the present case, charges of conspiracy are also invoked against the applicant/accused; therefore, her role cannot be viewed in isolation.
While opposing her bail plea, Special Public Prosecutor (SPP) Akhand Pratap Singh submitted that there are strong, cogent, convincing, clinching and credible material, evidence and other documents against the present accused which disentitles her to be released on bail. There are adequate, substantial and sufficient material, evidence and other documents against the present accused which shows her involvement in the offence attracting the provisions of the Unlawful Activities (Prevention) Act, 1967.
It is further argued by SPP that the exposition of law regarding the tripe test principle is not satisfied in the present case i.e. (i) flight risk, (ii) threatening/influencing witnesses and (iii) tempering of evidence. The accused persons are powerful and influential which is detrimental to the investigating agency if released on bail.
The nature of offence or gravity of offence and severity of punishment is also the relevant consideration at the stage of consideration of bail. The material, evidence and other documentary evidence shows her complicity in the offence and thus, disentitle her to be released on bail, stated Delhi Police.
On the other hand, Advocate Balraj Malik appeared for Neelam had argued that accused is not involved in the breach of Parliament security breach in any manner and she has been falsely implicated in the present case. He further submitted that applicant/accused is in judicial custody since 14.12.2023; investigation is already complete; charge-sheet has already been filed; and FSL result on non-digital exhibits is still pending.
He also added that the prosecution’s claims do not demonstrate a threat to economic security or sovereignty and criticized the use of the Unlawful Activities (Prevention) Act (UAPA) to silence dissent. Malik pointed out that the accused were reportedly beaten up in Parliament, questioning the prosecution’s characterisation of the events.
Earlier on June 7, 2024, Delhi Police had filed approximately 1000 pages Chargesheet against all six arrested accused namely Manoranjan D, Lalit Jha, Amol Shinde, Mahesh Kumawat, Sagar Sharma, and Neelam Azad.
Delhi LG, VK Saxena recently accorded prosecution sanction under Unlawful Activities (Prevention) Act, against 06 persons accused in the Parliament attack on 13.12.2023. Delhi LG, accorded prosecution sanction against 06 persons under Unlawful Activities (Prevention) Act (UAPA), for allegedly attacking the Parliament, on 13.12.2023, while the House proceedings were on. Six persons namely Manoranjan D, Sagar Sharma, Amol Dhanraj Shinde, Neelam Ranolia, Lalit Jha and Mahesh Kumawat are accused of illegally entering into the Parliament and throwing smoke canisters in the Lok Sabha during the live session.
Delhi Police had requested their prosecution u/s 16 and 18 of UAPA from the competent authority, i.e. the Lt. Governor, who, having found sufficient material on record, granted prosecution sanction. While the Delhi Police had requested for necessary prosecution sanction under UAPA, the Review Committee (DoP, Tis Hazari, Delhi), on 30.05.2024 had also gone through the entire evidence collected by the Investigating Agency and found the involvement of the accused in Parliament attack case. Accordingly, the Review Committee noted that prima facie a case was made out against the accused under UAPA.
The Delhi Police had registered a case at the Parliament Street Police Station on the complaint made by the Security officer in the Lok Sabha.
The investigation of the case was later transferred from the Parliament Street Police Station to the Counter Intelligence Unit of the PS Special Cell, New Delhi. During the investigation, the above six accused persons were arrested and at present all of them are in judicial custody.
This case pertains to a security breach at parliament on the anniversary of the Parliament attack case on December 13, 2023. All six persons are presently in judicial custody.