The Delhi High Court announced on Tuesday that it will hear the bail applications of two individuals implicated in the 2023 Parliament security breach incident on May 7. Justices Subramonium Prasad and Harish Vaidyanathan Shankar, presiding over the case, postponed the hearing following a request from the prosecution due to the unavailability of an additional solicitor general who was scheduled to argue the case.
The accused, Neelam Azad and Mahesh Kumawat, are among those arrested for their alleged involvement in a dramatic protest inside and outside the Parliament building. During the session on the anniversary of the 2001 Parliament terror attack, Sagar Sharma and Manoranjan D reportedly jumped into the Lok Sabha chamber, releasing yellow gas from canisters and chanting slogans before being subdued by MPs. Concurrently, Azad and another associate, Amol Shinde, were accused of releasing colored gas outside the Parliament while protesting against what they termed “dictatorship”.
The incident has sparked a legal debate over the application of the Unlawful Activities (Prevention) Act (UAPA), particularly whether non-lethal devices like smoke canisters fall under its provisions for terrorism-related charges. The High Court has questioned whether such everyday items, if deemed to attract UAPA, would imply people could inadvertently commit offenses during festive or sports events.
The defense for Azad argued that the UAPA’s stringent criteria for terrorist activities do not apply to her actions, emphasizing that no explosives were used and that she was positioned outside Parliament. However, the police counter that the defendants’ actions intended to resurrect the trauma of the 2001 attack and disrupt national sovereignty.
The trial court previously denied Azad’s bail, finding substantial evidence supporting the prosecution’s claims. The court highlighted that the accused were allegedly aware of a specific threat to Parliament on that day, yet proceeded with their actions, adding to the gravity of the offense.
