Parliament security breach: Delhi HC stays trial court order directing Delhi Police to supply FIR copy to accused

New Delhi [India], December 22 : The Delhi High Court on Friday stayed the trial court order directing the Delhi Police to supply a copy of the FIR to accused Neelam Azad in the Parliament security breach case.
Delhi Police has today moved to the High Court challenging the trial court order in regards to supplying a copy of the FIR to one of the accused, Neelam Azad, in connection with the Parliament security breach case.
The Bench of Justice Swarna Kanta Sharma, after noting the submissions of Delhi Police, ordered that the trial court's directions be stayed till January 4, 2024. Meanwhile, the court also issued notices to the accused Neelam Azad on Delhi Police plea.
The Patiala House Court on Thursday allowed an application moved by one of the accused, Neelam Azad's family, seeking a supply of a copy of FIR registration under various sections of IPC and UAPA.
The court also allowed a plea seeking court direction to Delhi Police to allow Neelam's lawyer to meet for legal advice during the custodial remand period.
Additional Sessions Judge Dr Hardeep Kaur had said the concerned investigation officer is directed to furnish a copy of the present FIR to the applicant or accused as per law.
The court also said, considering the totality of circumstances, that this Court is of the considered view that the applicant/accused is entitled as a matter right to legal assistance and the right is available to her even when she is in police custody.
To have an effective and meaningful interaction between the applicant/accused and her counsel, it is hereby directed that on every alternate day, a 15-minute interaction of the applicant/accused Neelam with her counsel, as mentioned in the vakalatnama, be arranged within the visible range of the IO of the present case but outside his audible range.
In case, if the meeting cannot be arranged on that day, then the meeting can be postponed to the next available date, further said the court.
Neelam's counsel advocate, Suresh Kumar Chaudhary, appeared before the concerned judge and said family and lawyers should be provided with the FIR; it is a constitutional right and also allowed us to meet with Neelam.
The plea stated that on December 15, 2023, a family of the accused with their advocate visited Sansad Marg Police Station, New Delhi to get a copy of the FIR and to meet with the accused.
"When we had words with the investigating officer and requested him to provide a copy of the FIR to a family member of the accused and meet accused Neelam the officer denied to grant such permission and straight forward said to take an order from the court to get the copy of FIR and meeting with accused," the plea stated.
It is, therefore, most respectfully prayed to this court in the interest of justice to kindly grant the permission to get the copy of FIR as well as the meeting with accused Neelam or any further relief may kindly be granted, stated the application copy.
The Patiala House Court on Thursday has also extended the custodial remand of four accused individuals, Manoranjan, Neelam, Sagar, and Anmol, to the Special Cell of Delhi Police for 15 more days until January 5, 2024, in the Parliament security breach case.
The case involves a security breach that occurred on December 13, when two youths jumped into the Lok Sabha chamber during Zero Hour, setting off smoke cans and raising slogans.
The probe earlier revealed further that two pairs of shoes were made on a special order in Lucknow, as the accused learned that the shoes of visitors to the new Parliament were not checked and they could hide their smoke cans under their footwear, sources said.