New Delhi, Dec 20 In a jolt to Congress leader Alka Lamba, a Delhi court has framed charges against her in connection with a protest held at Jantar Mantar last year demanding implementation of women’s reservation ahead of the 2024 Lok Sabha elections.
Dismissing her plea for discharge, the Rouse Avenue Court held that a prima facie case was made out against Lamba for offences under Sections 132, 221, 223(a), and 285 of the Bharatiya Nyaya Sanhita (BNS).
The criminal case relates to a protest organised at Jantar Mantar on July 29 last year, where Lamba, who is the Mahila Congress President, was the main speaker at a demonstration held in support of women’s reservation.
According to the FIR, prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) were in force in the area, and permission to march towards the Parliament had already been denied by the authorities.
While deciding on the question of charge, the court observed that at this stage it is only required to see whether there is material raising a grave suspicion against the accused.
"At the stage of framing of charge, the probative value of the material on record cannot be gone into, and the material brought on record by the prosecution has to be accepted as true," it said.
After reviewing the video footage played in open court, the magistrate recorded that the accused could be seen pushing police officials, instigating protesters to jump barricades, and leading them to push women police officers who were forming a chain.
The court further noted that protesters were seen lying on the public road, thereby obstructing the public way, before Lamba allegedly crossed the second barricade and moved towards Tolstoy Road.
"The perusal of the statement of the complainant as well as that of the other police officials recorded under Section 161 Cr.PC indicates that the accused was present at the place of incident, had been instrumental in leading the demonstrators out of the permissible area of protest, used criminal force and assaulted the police officers on duty while willfully dis- obeying order duly promulgated by a public servant,” observed the court.
Rejecting Lamba’s contention that the protest was peaceful and held within a designated area, the court held that the issues raised by the accused would have to be tested during trial.
"There exists a prima facie case against the accused, namely, Alka Lamba…Application moved on behalf of the accused seeking discharge/termination of the proceedings stands dismissed," it said.
The Rouse Avenue Court directed that charges be framed against Lamba under Sections 132 (assault or criminal force to deter public servant from discharge of duty), 221 (obstructing public servant), 223(a) (disobedience to order duly promulgated by public servant) and 285 (danger or obstruction in public way) of the BNS.
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