Delhi High Court Responds to Alka Lamba's Challenge Against FIR in Jantar Mantar Protest
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New Delhi, Feb 25 (NationPress) The Delhi High Court has recently issued a notice to the Delhi Police regarding a petition submitted by Congress leader and President of All India Mahila Congress, Alka Lamba. This petition requests the dismissal of an FIR, chargesheet, and the ruling that established criminal charges against her due to a protest conducted at Jantar Mantar which advocated for the implementation of women’s reservation.
A Bench led by Justice Swarana Kanta Sharma has asked the Delhi Police for their response and has scheduled the next hearing for September 3.
The case revolves around the criminal actions stemming from a demonstration that took place at Jantar Mantar in 2024, where Lamba actively participated in calling for the enactment of women’s reservation just prior to the Lok Sabha elections.
Previously, a trial court had imposed criminal charges on Lamba under several sections of the Bharatiya Nyaya Sanhita (BNS), 2023, encompassing unlawful assembly, hindrance to public officials, and obstruction on public pathways.
Lamba's attempt to challenge the charges was turned down by the Rouse Avenue Court, which determined that there was no evident illegality or error in the magistrate’s decision mandating her to stand trial.
In her appeal to the Delhi High Court, Lamba argues for the quashing of the FIR, chargesheet, and all related proceedings, asserting that the prosecution constitutes an undue criminalization of a peaceful political protest.
Her petition claims that persisting with the prosecution could lead to a “serious miscarriage of justice”, as she is being subjected to a criminal trial for actions that are safeguarded under her fundamental rights to free speech and peaceful assembly.
The prosecution contends that prohibitory orders according to Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, were active within the Parliament Street area. They allege that the protesters exceeded the designated protest zone, broke through barricades, and attempted to march towards Parliament, thus impeding public movement.
While dismissing Lamba’s prior revision petition, the Sessions Court referenced video evidence and police testimonies, concluding that there was sufficient basis to pursue legal action against her.