Delhi High Court Stays FIR Disclosure in Parliament Security Breach Case

The Delhi High Court intervened on Friday, staying a trial court's directive for the Delhi Police to provide a copy of the First Information Report (FIR) in the Parliament Security Breach case to the accused, Neelam Azad. Justice Swarana Kanta Sharma emphasized that the trial court neglected the established procedure, especially in a case with sensitive details.

"In sensitive cases, the accused should approach the Police Commissioner first to request a copy of the FIR," Justice Sharma stated, referring to the Supreme Court's guidelines. The Commissioner is expected to form a three-member committee to determine whether disclosing the FIR to the accused is appropriate.

The High Court, noting these procedural lapses, stayed the trial court's order and called for Neelam Azad's response. The case is scheduled for further consideration on January 4, 2024.

The trial court's December 21 order, issued by Additional Sessions Judge Hardeep Kaur, had directed the Delhi Police to share the FIR with Neelam Azad, despite strong objections from the police's Special Public Prosecutor, Akhand Pratap Singh. The police emphasized the sensitivity of the case, with some accused still at large and an ongoing investigation.

The Delhi Police argued that the case involved a sealed FIR, and any premature disclosure could compromise the investigation. Despite these concerns, the trial court insisted on providing Azad with a copy of the FIR, prompting the Delhi High Court's intervention to maintain procedural integrity and protect sensitive information.

Author: Anushka Taraniya

News Writer, MIT ADT University