Delhi HC grants bail to two accused in 2023 Parliament security breach case

New Delhi: The Delhi High Court on Wednesday granted bail to Neelam Azad and Mahesh Kumawat, both accused in the Parliament security breach case of December 13, 2023. The order, reserved on May 21, was pronounced by a division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar.

Each of the accused should furnish a bail bond of ₹50,000 and two sureties of the same amount. The court also barred Neelam and Mahesh from holding press conferences, giving interviews, or posting on social media about the incident. Additionally, they must report to the concerned police station every Monday, Wednesday, and Friday at 10 am, and are not permitted to leave Delhi.

During hearings, the bench had questioned whether the stringent Unlawful Activities (Prevention) Act (UAPA) applied to the case, observing that if using a smoke canister was treated as a terrorist act, “then every Holi and IPL match will also attract the offence.”

Opposing bail, Delhi Police argued the accused intended to evoke memories of the 2001 Parliament attack in the new Parliament building.

The security breach took place on the anniversary of the 2001 attack, when two men—identified as Sagar Sharma and Manoranjan D—jumped into the Lok Sabha chamber from the public gallery during Zero Hour. They released yellow smoke from canisters while shouting slogans, before being overpowered by MPs. Two others, Amol Shinde and Neelam Azad, allegedly set off similar canisters outside Parliament, reportedly shouting “tanashahi nahi chalegi.”

(With LiveLaw inputs)