delhi high court

Delhi High Court: An application was filed by Delhi Police challenging the order passed by the Trial Court directing the Delhi police to provide a copy of the first FIR to accused Neelam Azad in the parliamentary security breach case. Justice Swarana Kanta Sharma, J., stayed the Trial Court order directing Delhi Police to supply a copy of FIR registered against accused Neelam Azad considering that the Trial Court did not follow proper procedure and the FIR contains sensitive details.

As per reports, the complaint concerns a security violation that happened on 13-12-2023 at zero hour when two young people surged into the Lok Sabha chamber, igniting smoke cans and hurling slogans like ‘ye tanashahi nahi chalegi’ which loosely translates to ‘Done with dictatorship’. FIR was registered under various sections of the Penal Code, 1860, and the Unlawful Activities (Prevention) Act, 1967 and two accused were identified one being the present appellant Neelam Azad. Neelam Azad was later arrested, and she moved an application before Patiala House Courts seeking a supply of a copy of FIR registration, which was thereby granted.

Delhi police stated that in critical instances, the accused must first approach the Police Commissioner with the request in accordance with process and Supreme Court directives. A three-person committee is then appointed by the Commissioner to determine whether or not to provide the FIR. The accused may only contact the Court if the Committee determines that the FIR is not acceptable. Thus, the Court noted that the trial court did not follow proper procedure and the FIR contains sensitive details.

Therefore, the Court stayed the order directing Delhi Police to supply a copy of its first FIR registered against accused Neelam Azad. The Court considered the arguments and ordered that the trial court’s directions be stayed till 04-01-2024.

The Court issued notice and listed it for 04-01-2024.

Source: Press

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