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Parliament Security Breach: Court Reserves Bail Order for Neelam Azad in High-Profile UAPA Case

September 9, 2024, 5:16 pm

The Patiala House Court has reserved its decision on the bail plea of Neelam Azad, accused in the Parliament security breach case from last year. After hearing the arguments, Additional Sessions Judge Hardeep Kaur set September 11, 2024, as the date for the verdict.

Opposing the bail, Special Public Prosecutor Akhand Pratap Singh argued that there is strong evidence against Azad under the Unlawful Activities (Prevention) Act (UAPA), making her ineligible for bail. The prosecution highlighted concerns regarding flight risk, witness tampering, and the severity of the charges, which include sections of UAPA for threatening national security.

Azad’s lawyer, Balraj Malik, criticized the application of UAPA, arguing that the case doesn’t pose a threat to economic security or sovereignty. He also questioned the prosecution’s narrative, stating that the accused were allegedly beaten in Parliament during the incident.

On June 7, 2024, the Delhi Police filed a 1000-page chargesheet against the six accused in the Parliament attack, including Azad. Delhi’s Lieutenant Governor VK Saxena had granted prosecution sanctions under UAPA against all six, citing sufficient evidence.

Also read: Manipur: Torch Rally in Imphal Amid Rising Ethnic Violence

The case, which involves allegations of throwing smoke canisters during a live Parliament session on December 13, 2023, remains under intense scrutiny as all accused remain in judicial custody.

Delhi Court Orders Tenant to Vacate Property Belonging to 84-Year-Old Landlord

April 21, 2024, 12:05 pm

The Patiala House Court in Delhi has ordered a tenant to vacate a property in Vasant Kunj and pay arrears of rent within 28 days in a suit filed by the landlord, an 84-year-old senior citizen.

The landlord initiated legal action seeking eviction, possession, and recovery of rent arrears against the tenant of a flat in Vasant Kunj. The suit, initially listed on March 18 and later on April 16, alleged that the tenant had not paid rent for several months and had threatened the landlord when asked to vacate.

Additionally, the landlord’s counsel claimed that the tenant had restricted the landlord’s access to the property, damaged it, and made structural alterations. The landlord, being a senior citizen, stated that the tenant’s actions caused immense suffering.

Furthermore, the landlord’s counsel stated that rent payment cheques given by the tenant had bounced, adding to the landlord’s troubles. The counsel accused the tenant of cheating and fraud.

Following arguments from both parties, the Additional District Judge on April 16 directed the tenant to vacate the flat, pay arrears amounting to Rs 1,61,000, and decreed the suit in favor of the landlord within 28 days.

The landlord is represented by Sumit Gehlot and TS Thakran Advocates of Fidelegal Advocates & Solicitors.

Complaint filed against protests hold by AAP’s legal cell in Delhi Courts regarding Kejriwal’s arrest

March 27, 2024, 9:43 am

A formal complaint has been lodged with the acting Chief Justice of the Delhi High Court concerning a protest organized by the Aam Aadmi Party’s legal cell in response to the arrest of Chief Minister Arvind Kejriwal. The legal cell has announced a protest to take place in all Delhi courts on Wednesday.

Complainant Vaibhav Singh, a practicing advocate, is urging immediate action to halt the unlawful protest organized by the Aam Aadmi Party’s legal cell and political workers within court premises. The complaint also calls for thorough investigations into professional misconduct by the Bar Council of India and the Bar Council of Delhi.

Furthermore, the complainant seeks directives from district and high court bar associations to initiate disciplinary measures against lawyers and political workers participating in the illegal protest within court premises. The complaint emphasizes the imposition of suitable penalties on the Aam Aadmi Party’s Legal Cell for orchestrating an unlawful protest within Delhi court premises.

According to the complaint, it has become a recurrent practice for political parties to involve their legal cell members in strikes, protests, boycotts, or token strikes to exert pressure on law enforcement agencies and, at times, even on the judiciary.

The complaint highlights a video posted by Sanjiv Nasiar, Advocate and Vice-Chairman of the Bar Council of Delhi, on his Twitter handle on March 26. Nasiar’s video allegedly deemed Chief Minister Arvind Kejriwal’s arrest illegal and accused the Enforcement Directorate of acting at the central government’s behest. Such allegations against law enforcement agencies and the central government, followed by the utilization of court premises for political purposes, are deemed severe violations of professional ethics and the rules of the Bar Council of India, as well as contrary to Supreme Court directives.

The Aam Aadmi Party’s Legal Cell has scheduled protests in various Delhi courts on Wednesday, including the Delhi High Court, Patiala House Court, Dwarka Court, Saket Court, Karkardoona Court, Tishazari Court, and Rouse Avenue Court.

ED moves Delhi HC challenging Supertech’s RK Arora interim bail order

January 18, 2024, 5:15 pm

On Thursday, the Enforcement Directorate filed a case in Delhi High Court contesting the Trial Court’s 30-day interim bail that Supertech’s chairman and promoter R K Arora had been granted due to medical and health reasons. In June of last year, RK Arora was taken into custody in relation to a money laundering case. The accused was granted bail by Patiala House Court on January 16, 2024, on the grounds that the accused has the right to receive treatment from any hospital, even a private one, at his own expense, as recognized by the Supreme Court.

“It is a matter of fact that the government institutions/Super Specialty hospitals are already overburdened. The over-burdened government medical institutions/ Super Specialty Hospitals are not required to be directed to prepone the date of surgery of the applicant/accused at the cost of other citizens/patients who have already obtained the said date in advance,” said the trial Court.
The Trial Court Judge Devender Kumar Jangala granted bail on a personal bail bond of one lac and two like amount surety. Recently, Arora moved interim bail citing health grounds that he had lost 10 kg weight in custody.
Earlier, Advocate Tanveer Ahmad Mir, who appeared for RK Arora during arguments sought direction to release the applicant on interim bail on medical grounds stating that he is inflicted with such ailments for which interim bail is required. The medical reports show that as of this date, the applicant is not only sick but the sickness has also resulted in an infirmity.

Patiala House Court directs Delhi Police to respond to Neelam Azad’s bail plea

January 3, 2024, 4:38 am

The Patiala House Court in Delhi has instructed the Delhi Police to provide a response regarding the bail plea of Neelam Azad, one of the accused in the Parliament security breach case. The hearing for this matter is scheduled for January 10, 2024. Additionally, the court has fixed January 5 for the hearing on the Delhi Police’s application seeking permission for a polygraph test of all six accused.

The police are seeking approval for conducting brain mapping and Narco analysis of Manoranjan and Sagar. However, the court has adjourned the matter due to the unavailability of the legal aid counsel appointed by the court, requesting more time.

All the accused, Lalit Jha, Manoranjan, Sagar, Amol Shinde, Mahesh Kumawat, and Neelam Azad, were presented before the court under stringent security measures. Additional Sessions Judge (ASJ) Hardeep Kaur has instructed the Delhi Police to file a reply on the bail application, with the hearing set for January 10.

Neelam Azad, represented by advocate Suresh Chaudhary, has filed a bail plea, citing a violation of Article 22 for not producing her before the court within 24 hours of arrest. The plea argues that despite being arrested outside the parliament building on December 13, 2023, at 1:18 PM in connection with a parliament security breach, she was presented before the court on December 14, 2023, after a 29-hour period from the time of arrest.

Special Public Prosecutor (SPP) Akhand Pratap Singh opposed the bail application, asserting its non-maintainability. Remand counsel Umakant Kataria, during the hearing on the application seeking permission for a polygraph test, emphasized that it should be the last resort after exhausting all alternative investigative avenues. He stressed that all alternatives must be explored by the investigation agency before resorting to a polygraph test.

The case revolves around a security breach at the parliament on December 13, 2023, coinciding with the anniversary of the parliament attack case. All six accused face charges under the Unlawful Activities (Prevention) Act (UAPA) and are in the custody of the Special Cell of Delhi Police until January 5, 2024.

Parliament Security breach case: Delhi Police petitions the Court seeking permission to conduct polygraph tests of accused

December 28, 2023, 1:14 pm

The Delhi Police’s Special Cell filed a request in Patiala House Court on Thursday to be allowed to test all of the defendants in the Parliament Security Breach Case with a polygraph.
The matter was continued until January 2, 2024 by Additional Sessions Judge Dr. Hardeeep Kaur, who noted that certain accused individuals were not represented by a court-appointed lawyer.
During the plea hearing, all six of the accused who had been apprehended were also brought before the court.
The jail remand of all six defendants was extended by the court last week until January 5, 2024.
The Delhi Police’s public prosecutor, Akhand Pratap Singh, stated that a thorough inquiry was necessary to uncover a more extensive conspiracy that underpinned this well-planned attack.

Police also sought custodial remand to find actual motive behind the attack and accused association with any other enemy country as aell as terror organizations.
The security breach happened on the anniversary of the 2001 Parliament terror attack. Two people–Sagar Sharma and Manoranjan D–jumped into the Lok Sabha chamber from the public gallery during Zero Hour, released yellow gas from canisters and shouted anti-establishment slogans before being overpowered by the MPs. Outside it, in another incident, two protestors — Neelam (42) and Amol (25) — protested outside the Parliament with similar gas canisters.
Later Police had arrested two more accused Lalit Jha and Mahesh Kumawat in the case after finding their crucial role in the conspiracy.

Delhi court grants 60 days extension to complete probe

December 23, 2023, 6:40 am

Delhi’s Patiala House Court on Friday granted a 60-day extension to the city police to complete its investigation in the NewsClick case filed under the anti-terror law UAPA.
Special Judge Hardeep Kaur also extended the judicial custody of Prabir Purkayastha, the founder and Editor-in-Chief of the news portal, along with Amit Chakravarty, the Human Resources department head, until January 20, 2024.

This decision came in response on a plea moved by the Delhi Police seeking additional time to finalize their investigation.
The Special Cell of Delhi Police had apprehended Purkayastha and Chakravarty on October 3, 2023. According to the FIR, a substantial sum of funds from China was channeled to the news portal with the intention of “disrupting the sovereignty of India” and fostering disaffection against the country.

The FIR also alleged that Purkayastha conspired with a group called the People’s Alliance for Democracy and Secularism (PADS) to undermine the electoral process during the 2019 Lok Sabha polls.

Raids were conducted at 88 locations in Delhi and seven in other states on October 3 targeting the individuals named in the FIR and those identified in data analysis.
The police reported the seizure of approximately 300 electronic gadgets from the offices of NewsClick and the residences of the journalists who underwent examination.
Following the raids, the Special Cell questioned 46 individuals, including nine female journalists.

Parliament security breach: Delhi Police Special Cell gets 7-day remand of four accused individuals

December 14, 2023, 7:30 pm

Delhi Police declared on Thursday that there was a “well-planned conspiracy” behind the incident, despite opposition members raising a ruckus in both Houses of Parliament on Wednesday over the significant security breach. The four accused in the security breach case were placed on 15 days of remand by the Patiala House Court, but only seven days were granted to the Special Cell. This was in response to a motion made by Delhi Police. A “attack on the Parliament of India,” according to Delhi Police, who described the security breach as the result of a “well-planned conspiracy.”

The four accused persons — Neelam, Amol, Sagar Sharma and Manoranjan — were produced before the Patiala House Court while Delhi Police filed a remand plea.
Sharing details of the incident, in which two unidentified men jumped into the Lok Sabha during the Zero Hour from the visitors’ gallery and set off smoke cans that they hid in their shoes, Delhi Police stated in an official release, “All accused yesterday entered the Parliament using visitor passes and jumped from the gallery, which resulted in the hindrance during the Parliament proceedings.”
“They used smoke canisters which they carried into the parliament veiled in their shoes,” the police added.

The police attorney made the following submission during the trial: “The accused brought a leaflet listing Prime Minister Narendra Modi as missing and promising a cash reward from the Swiss bank to anyone who finds him. The accused presented the Prime Minister as a declared criminal. According to the police plea, the accused must be brought to Lucknow, Mumbai, and Mysore for questioning while in custody. As we require their custodial interrogation, Delhi Police said in its plea that “we need them to take to Lucknow, Mumbai, and Mysore.”

Pragati Maidan Tunnel dacoity: Court rejects bail plea of man accused of doing recce

August 30, 2023, 3:34 pm

A man accused of conducting a reconnaissance of the area prior to the newsworthy Pragati Maidan Tunnel gunpoint robbery of a businessman of Rs. 50 lakh in June had his bail application rejected by Delhi’s Patiala House Court. Using a country-made pistol he had with him, the accused accidentally shot himself and was taken to the hospital. In this regard, a separate case was filed in Delhi’s Burari. However, a grant in the robbery case has already been given to an accused Pawan.

Additional Sessions Judge (ASJ) Shailender Malik on Tuesday dismissed the bail plea of Vishal considering his case different from that of Pawan.
“With regard to the applicant/accused it has already come on record that he carried out recce prior to the incident and thereafter one day prior to the incident he received a gunshot injury from the country-made pistol being in his possession. Therefore separate FIR was registered,” ASJ Shailender Malik said in the order on August 29.
He observed, “That apart, there is evidence showing that at the time of incidence applicant/ accused may not be present at the place of incident but was in contact with his co-accused persons as is reflected from CDR and call location.”

Recovery from his instance further supports that fact. Therefore, there is no basis for granting bail. As a result, the court dismissed the application. “Pawan Kumar Jha, undoubtedly one of the co-accused, has been freed on bail. However, I believe that his case is very different from that of the applicant/accused because the latter was only charged with operating a vehicle, the court stated in the order issued on August 29. The current case was filed in relation to the incident of June 24, 2023, when an armed robbery occurred in the Pragati Maidan Tunnel. Four armed robbers who arrived on two motorcycles stopped one OLA cab and forcibly robbed a passenger/businessman by taking his bag while holding him at gunpoint.

Delhi: Police files chargesheet against gangster Deepak Boxer

July 17, 2023, 12:56 pm

The national capital’s police department filed a charge sheet at Patiala House Court against gangster Deepak Boxer in a case launched under the Maharashtra Control of Organized Crime Act.

On July 13, the special cell of the Delhi Police filed the chargesheet under sections of the MCOCA. Deepak Boxer is said to be a part of the Jitender alias Gogi gang’s crime syndicate. In the same case, 15 other defendants are being held in prison, and a charge sheet has already been filed.

The court recently refused to extend the inquiry time on Deepak Boxer. The police then filed a charge sheet against Deepak Boxer. In this scenario, there is a supplemental charge sheet.

He evaded capture in this case and was apprehended on April 15, 2023, after being deported from Mexico in April of this year. Deepak Pahal aka Boxer’s charge sheet was submitted to special judge Shailender Malik for review on July 28, 2023.

In a case involving Deepak Boxer, the Court refused to extend the investigative time beyond 90 days. The court stated that the law requires the investigative agency to conduct the investigation thoroughly and without undue delay. Such an activity cannot be regarded as a mere formality because it includes the accused’s valuable right to liberty.

On July 11, special judge Shailender Malik refused to extend the investigative time. He referred to the related provisions of MCOCA and said “Provision has been made to meet those situations where despite making sincere efforts, the nature of the case, facts and evidence is such that investigation is not possible to complete in 90 days.”

“In the present case however first of all report of Public Prosecutor is completely silent about the specific reasons for which judicial detention of the accused is sought to be extended,” Special Judge Malik pointed out.

The special judge simply stated that certain steps taken in the investigation, such as a certified copy of criminal cases in which the accused Deepak Boxer is involved, could not be collected, details of Income Tax, his properties, and so on, could not be collected, and this cannot be a legal reason for the accused’s judicial detention to be extended.

Jacqueline Fernandez arrives at Patiala House Court

December 12, 2022, 11:25 am

In connection with the Rs 200 crores money laundering case involving conman Sukesh Chandrashekhar, there is a hearing on Jacqueline Fernandez. Jacqueline has arrived at the Patiala House Court in Delhi. Earlier, Delhi Police arrested Mumbai-based Pinky Irani on 30 November who is said to be a close aide of Chandrashekhar. Irani introduced Sukesh to Bollywood actor Jacqueline Fernandez and portrayed him to be a business tycoon.