New Delhi, Feb 25 The Delhi High Court on Wednesday issued notice to the Delhi Police on a petition filed by Congress leader and All India Mahila Congress President Alka Lamba seeking quashing of an FIR, chargesheet and the order framing criminal charges against her in connection with a protest held at Jantar Mantar demanding implementation of women's reservation.
A single-judge Bench of Justice Swarana Kanta Sharma sought the response of the Delhi Police and listed the matter for further hearing on September 3.
The petition challenges the criminal proceedings arising out of a demonstration organised at Jantar Mantar in 2024, where Lamba had participated in a protest calling for implementation of women’s reservation ahead of the Lok Sabha elections.
Earlier, a trial court had framed criminal charges against Lamba under various provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, including offences relating to unlawful assembly, obstruction of public servants and causing obstruction on a public way.
Her revision plea challenging the framing of charges was subsequently dismissed by the Rouse Avenue Court, which held that there was no “patent illegality, perversity or jurisdictional error” in the magistrate’s order directing that she face trial.
In her petition filed before the Delhi High Court, Lamba has sought the quashing of the FIR, chargesheet, and all consequential proceedings, contending that the prosecution amounts to an excessive criminalisation of a peaceful political protest.
The plea states that continuation of the prosecution would result in “serious miscarriage of justice”, as the petitioner is being subjected to criminal trial for conduct protected under the fundamental rights of free speech and peaceful assembly.
According to the prosecution, prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, were in force in the Parliament Street sub-division. The police alleged that protesters moved beyond the permitted protest site, breached barricades and attempted to march towards Parliament, thereby obstructing public movement.
The Sessions Court, while rejecting Lamba’s earlier revision plea, had relied on video footage and police witness statements to hold that a prima facie case was made out for proceeding against her.
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