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Delhi Police challenges Court Order, withholds FIR copy in Parliament security breach case

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By ETV Bharat English Team

Published : Dec 22, 2023, 12:59 PM IST

Updated : Dec 22, 2023, 1:06 PM IST

Delhi Police challenges court order denying FIR copy to the accused in the Parliament security breach case. Defendants' legal team seeks access citing right to know charges. Incident involved intrusion, chaos in Parliament on December 13.

Delhi Police challeneges Court order denying FIR copy to the accused in the Parliamengt security breach case.
Delhi Police challeneges Court order denying FIR copy to the accused in the Parliamengt security breach case.

New Delhi: Delhi Police has contested the Patiala House Court’s directive to furnish a copy of the First Information Report (FIR) to Neelam, an accused individual linked to the breach of security in the parliament premises.

The move was disclosed by the Delhi Police before the bench of security in the Parliament premises presided over by acting Chief Justice Manmohan of Delhi High Court, subsequently leading to the High Court’s decision to convene a hearing this afternoon.

The Patiala House Court, on December 21, had instructed the Special Cell of the Delhi Police to provide a copy of the FIR to Neelam’s family members within a span of 24 hours. However, Delhi Police has raised objections against this particular order in the High Court.

Notably, the Patiala House Court had ruled that accused individuals, while in police custody retain the right to legal aid. The court permitted Neelam, the accused in this case, a 15-minute meeting with her family and lawyer every other day, mandating the investigating officer’s presence while maintaining a reasonable distance to avoid overhearing conversations.

During the proceeding at Patiala House Court, Neelam’s legal counsel emphasised the legal entitlement to allow access for the lawyer and the family members to meet the accused. Stressing the family’s right to comprehend the charges against Neelam, they contended that access to the FIR was imperative.

However, the Delhi Police justified their stance by citing the sensitivity of the matter, linking it to terrorism, necessitating the preservation of confidentiality.

Neelam’s lawyer highlighted their attempts to obtain the FIR directly from the investigating officer, only to be redirected to file an application in court. They underscored the accused’s rights, asserting that the family deserved to know the nature of the allegations levied against Neelam, as their knowledge was limited to Neelam’s arrest.

The court had issued a notice to Delhi Police on December 16, subsequent to the arrest of Neelam and four others on December 13 for vocally protesting outside the Parliament premises

The Delhi Police has lodged an FIR against these individuals under the Unlawful Activities (Prevention) Act (UAPA). The incident on December 13 witnessed two individuals breaching security by entering the chamber from the visitor gallery. Subsequently, one of the intruders created turmoil by emitting yellow smoke after walking on a desk within the chamber.

The chaos prompted MPs to apprehend and confront the individuals, while security personnel eventually captured both intruders.

Additionally, two others were apprehended outside the Parliament for shouting slogans and emitting yellow smoke. This ongoing legal tussle between the courts and the police underscores the complex nature of the case and the challenges in balancing the rights of the accused with the sensitivity of the matter linked to parliamentary security breaches.

Read More:

  1. Parliament security breach case: Delhi Police raids house of accused Neelam Devi in Haryana's Jind
  2. Unprecedented move: 78 MPs suspended from Parliament today, 92 this session

New Delhi: Delhi Police has contested the Patiala House Court’s directive to furnish a copy of the First Information Report (FIR) to Neelam, an accused individual linked to the breach of security in the parliament premises.

The move was disclosed by the Delhi Police before the bench of security in the Parliament premises presided over by acting Chief Justice Manmohan of Delhi High Court, subsequently leading to the High Court’s decision to convene a hearing this afternoon.

The Patiala House Court, on December 21, had instructed the Special Cell of the Delhi Police to provide a copy of the FIR to Neelam’s family members within a span of 24 hours. However, Delhi Police has raised objections against this particular order in the High Court.

Notably, the Patiala House Court had ruled that accused individuals, while in police custody retain the right to legal aid. The court permitted Neelam, the accused in this case, a 15-minute meeting with her family and lawyer every other day, mandating the investigating officer’s presence while maintaining a reasonable distance to avoid overhearing conversations.

During the proceeding at Patiala House Court, Neelam’s legal counsel emphasised the legal entitlement to allow access for the lawyer and the family members to meet the accused. Stressing the family’s right to comprehend the charges against Neelam, they contended that access to the FIR was imperative.

However, the Delhi Police justified their stance by citing the sensitivity of the matter, linking it to terrorism, necessitating the preservation of confidentiality.

Neelam’s lawyer highlighted their attempts to obtain the FIR directly from the investigating officer, only to be redirected to file an application in court. They underscored the accused’s rights, asserting that the family deserved to know the nature of the allegations levied against Neelam, as their knowledge was limited to Neelam’s arrest.

The court had issued a notice to Delhi Police on December 16, subsequent to the arrest of Neelam and four others on December 13 for vocally protesting outside the Parliament premises

The Delhi Police has lodged an FIR against these individuals under the Unlawful Activities (Prevention) Act (UAPA). The incident on December 13 witnessed two individuals breaching security by entering the chamber from the visitor gallery. Subsequently, one of the intruders created turmoil by emitting yellow smoke after walking on a desk within the chamber.

The chaos prompted MPs to apprehend and confront the individuals, while security personnel eventually captured both intruders.

Additionally, two others were apprehended outside the Parliament for shouting slogans and emitting yellow smoke. This ongoing legal tussle between the courts and the police underscores the complex nature of the case and the challenges in balancing the rights of the accused with the sensitivity of the matter linked to parliamentary security breaches.

Read More:

  1. Parliament security breach case: Delhi Police raids house of accused Neelam Devi in Haryana's Jind
  2. Unprecedented move: 78 MPs suspended from Parliament today, 92 this session
Last Updated : Dec 22, 2023, 1:06 PM IST
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