New Delhi, May 7(HS): The Delhi High Court, while hearing the bail petition of the accused Neelam Azad in the Parliament security breach case, asked the Delhi Police whether unauthorized entry into Parliament falls under the UAPA (Unlawful Activities Prevention Act). The bench headed by Justice Subramonium Prasad stated that there is no doubt that entering Parliament is not a trivial matter, but how can UAPA be applied against the accused. The next hearing on Neelam Azad's bail petition is scheduled for May 19.

During the hearing, the court asked Additional Solicitor General Chetan Sharma, who represented Delhi Police, whether carrying a smoke canister inside Parliament could be categorized under UAPA. The court noted that there are other legal provisions that could have been applied, but since Delhi Police invoked UAPA, the court needs to pay attention to all aspects. This matter cannot be taken lightly.

During the hearing, Chetan Sharma stated that the incident occurred on the anniversary of the 2001 Parliament attack. The court then questioned whether the smoke canister would have gone through a security check and metal detectors, suggesting that it contained no metal. It was a common canister, like those used during Holi and IPL matches, and was not harmful in any way. Chetan Sharma added that the statements from the MPs indicated they were frightened. He emphasized that this incident should be viewed in a larger context rather than just symbolically.

Neelam Azad has challenged the trial court's order that rejected her bail application. The Patiala House Court denied her bail petition on September 13, 2024. The Patiala House Court also rejected another accused, Manohar D.'s bail petition on December 24, 2024, and April 28. Additionally, the court rejected the bail petition of co-accused Mahesh Kumawat on November 22, 2024.

The Delhi Police has stated in its charge sheet that the accused intended to target the Parliament building to bring disrepute to democracy. The charge sheet mentions that the accused had been planning the attack on the Parliament for two years. In the nearly one thousand-page charge sheet, the Delhi Police stated that the accused had met each other through social media. They held a total of five meetings in Mysore, Gurugram, and Delhi. Their first meeting took place in February 2022 in Mysore. The court took cognizance of the Delhi Police's charge sheet on August 3.

On July 15, 2024, the Delhi Police filed a supplementary charge sheet in this case. The police filed the charge sheet against the accused under sections 186, 353, 153, 452, 201, 34, 120B of the Indian Penal Code, and sections 13, 16, 18 of the UAPA. The Delhi Police had filed the first charge sheet on June 7, 2024. The accused against whom the Delhi Police filed the charge sheet under the UAPA include Manohar D., Lalit Jha, Amol Shinde, Mahesh Kumawat, Sagar Sharma, and Neelam Azad. The first charge sheet filed by the Delhi Police consists of nearly one thousand pages.

On December 13, 2023, two accused jumped from the visitor gallery into the assembly. Shortly thereafter, one of the accused pulled something out with his shoes from a desk, and suddenly yellow smoke began to emerge. Following this incident, chaos erupted in the House. Amidst the commotion and smoke, some MPs managed to catch these individuals and beat them up. After a short while, the security personnel of the Parliament apprehended both youths. Outside the Parliament, two other individuals were also arrested for shouting slogans and releasing yellow smoke.

Hindusthan Samachar / Jun Sarkar