Why Did a Delhi Court Deny Alka Lamba's Plea on Criminal Charges?
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New Delhi, Feb 6 (NationPress) A Delhi court dismissed the revision plea from Congress leader Alka Lamba on Friday, which contested the framing of criminal charges against her related to a protest at Jantar Mantar last year. This protest was aimed at advocating for the implementation of women’s reservation in Parliament prior to the 2024 Lok Sabha elections.
Additional Sessions Judge Dig Vinay Singh of the Rouse Avenue Courts ruled against the revision petition, indicating there was no evidence of “patent illegality, perversity or jurisdictional error” in the magistrate’s order from December 19, 2025, which mandated the framing of charges against Lamba.
The court stated, “As there is no patent illegality, perversity, or jurisdictional error in the impugned order, the present revision petition fails and is dismissed,” as conveyed in its ruling.
Lamba, who serves as the Mahila Congress President, contested the directive from the Additional Chief Metropolitan Magistrate (ACMM) that established charges against her under Sections 132, 221, 223(a), and 285 of the Bharatiya Nyaya Sanhita (BNS), 2023.
This criminal case arises from a protest that took place at Jantar Mantar on July 29, 2024, where Lamba was a prominent speaker advocating for women’s reservation.
As per the prosecution, prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, were enforced in the Parliament Street area, although Jantar Mantar was designated as an exempted space.
The court acknowledged that the prosecution alleged Lamba and fellow protesters moved beyond the authorized protest area towards Tolstoy Road, chanting slogans and attempting to “gherao” the Parliament, despite multiple warnings from police officials via loud hailers.
Disregarding Lamba’s claim that the protest was peaceful and limited to the exempted zone, the Sessions Court noted that evidence, including video recordings and police witness statements, suggested that the demonstration exceeded the allowed area.
“The videos indicate that the revisionist not only jumped the first barricade but also instigated other protesters to jump the barricades through her gestures,” the court remarked, adding that protesters later breached the second line of barricades and obstructed public movement on the road near Sansad Marg.
The court also dismissed the argument of an “evidentiary vacuum” due to the lack of a medico-legal certificate or injury report, asserting that actual physical injury is not a requisite for crimes involving the use of criminal force.
“The standard for framing charges is not proof beyond a reasonable doubt but 'sufficient ground for proceeding',” stated the judge, noting that matters like the absence of independent witnesses or the nature of the alleged force should be evaluated during the trial.
Finding Lamba’s revision plea without merit, the Sessions Court upheld the magistrate’s decision to advance with the trial, asserting that a prima facie case existed against her for obstructing public servants, defying a lawful order, and causing obstruction on a public thoroughfare.