Have Charges Been Framed Against Congress Leader Alka Lamba at Jantar Mantar?
Synopsis
Key Takeaways
- Delhi court frames charges against Alka Lamba.
- The protest was aimed at women's reservation.
- Significant implications for political accountability.
- Evidence suggests disobedience to lawful orders.
- Trial will address the legality of protest actions.
New Delhi, Dec 20 (NationPress) In a significant setback for Congress leader Alka Lamba, a Delhi court has formally framed charges against her regarding a protest that took place at Jantar Mantar last year. This demonstration was aimed at advocating for the implementation of women’s reservation ahead of the 2024 Lok Sabha elections.
Rejecting her request for discharge, the Rouse Avenue Court determined that a prima facie case was established against Lamba for violations under Sections 132, 221, 223(a), and 285 of the Bharatiya Nyaya Sanhita (BNS).
The criminal case pertains to a protest that was organized at Jantar Mantar on July 29 of the previous year, where Lamba, who serves as the Mahila Congress President, was the primary speaker advocating for women’s reservation.
The FIR states that prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) were active in the vicinity, and the authorities had already denied permission for a march towards the Parliament.
In its decision regarding the charges, the court noted that it only needs to establish whether there is evidence that raises serious suspicion against the accused.
"At this phase of the charge framing process, the evidential value of the materials cannot be scrutinized, and the evidence presented by the prosecution must be accepted as factual," the court articulated.
Upon reviewing the video evidence presented in court, the magistrate noted that Lamba appeared to be seen pushing police officials, inciting protesters to breach barricades, and encouraging them to confront female police officers creating a perimeter.
The court further mentioned that demonstrators were observed lying on the public road, thereby obstructing traffic, before Lamba purportedly crossed a second barricade and proceeded towards Tolstoy Road.
"The examination of the complainant’s statement and the accounts of other police officials recorded under Section 161 Cr.PC indicates that the accused was present at the incident site, significantly contributed to leading the protestors out of the designated protest area, applied criminal force, and assaulted police officers on duty while willfully disobeying orders lawfully issued by a public servant," the court observed.
Rejecting Lamba’s argument that the protest was peaceful and occurred within allowed boundaries, the court stated that the issues raised by the accused would need to be evaluated during the trial.
"There is a prima facie case against the accused, Alka Lamba… The application seeking discharge or termination of proceedings has been dismissed," it concluded.
The Rouse Avenue Court has mandated that charges be framed against Lamba under Sections 132 (assault or criminal force to deter a public servant from fulfilling their duties), 221 (obstruction of a public servant), 223(a) (disobedience to a duly promulgated order by a public servant), and 285 (danger or obstruction in a public space) of the BNS.