The Delhi High Court on Monday requested the Delhi Police to respond to a bail application by Neelam Azad, the only female accused in the Parliament security breach incident on December 13, 2023. Justices Prathiba M Singh and Rajneesh Kumar Gupta also addressed an application from Azad seeking to condone a delay in challenging a trial court’s order from September 11, 2024, which had previously dismissed her bail plea.
The court observed that Azad’s appeal was submitted 142 days after the decision, surpassing the legal limit of 90 days for such filings. Despite initial hesitations to entertain the appeal due to the delay under the Unlawful Activities (Prevention) Act (UAPA), the bench noted a recent Supreme Court directive that such appeals should not be dismissed solely for delay beyond 90 days.
Prosecutors argued that Azad was part of a larger conspiracy related to the Parliament incident, citing sufficient evidence including phone communications with co-accused. They maintained that the appeal was not maintainable as it was barred by limitation.
In court, questions arose about Azad’s actions during the incident, with the bench inquiring whether she was involved in throwing smoke canisters inside Parliament. Her counsel clarified that she did not carry explosives and was positioned outside the building during the breach.
The matter has been scheduled for further hearing on April 16, with the court requesting the electronic records from the trial court. Azad’s counsel contended that she did not participate in breaching Parliament’s security and was merely outside the building. They also explained the delay in filing the appeal, citing financial difficulties faced by Azad’s family in traveling to Delhi.
The trial court had denied Azad’s bail, deeming the evidence against her prima facie credible. It noted that Azad and other accused were aware of a specific threat to Parliament made by designated terrorist Gurpatwant Singh Pannu for that day, yet proceeded with their actions.
The security breach, coinciding with the anniversary of the 2001 Parliament attack, involved several accused releasing gas and shouting slogans both inside and outside Parliament, which led to multiple arrests. The prosecution labeled the offense as grave, accusing Azad of undermining India’s sovereignty and integrity.
