New Delhi, May 25 (SocialNews.XYZ) A Delhi court has convicted Congress leader and All India Mahila Congress President Alka Lamba in connection with a protest at Jantar Mantar, which demanded the implementation of women’s reservation ahead of the 2024 Lok Sabha elections.
The Rouse Avenue Court held Lamba guilty in the criminal case arising out of the July 29, 2024, demonstration led by the Mahila Congress at Jantar Mantar, where protesters had sought the implementation of women’s quota and attempted to march towards Parliament.
The court is scheduled to hear arguments on the quantum of sentence on June 5.
The case stems from an FIR registered by the Delhi Police alleging that prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) were in force in the Parliament Street sub-division at the time of the protest, though Jantar Mantar itself was an exempted area for demonstrations.
According to the prosecution, Lamba, who was the main speaker at the protest, along with other demonstrators, moved beyond the permitted protest site towards Tolstoy Road, raised slogans and attempted to march towards Parliament despite repeated warnings by police officials.
Earlier, while framing charges against Lamba, the trial court had observed that video footage played in open court showed the accused allegedly pushing police personnel, instigating protesters to jump barricades and leading demonstrators beyond the permissible protest zone.
The court had then held that a prima facie case was made out 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 Bharatiya Nyaya Sanhita (BNS).
Rejecting Lamba’s plea for discharge in December last year, the court had observed that at the stage of framing of charge, the prosecution material was required to be accepted as true and the defence raised by the accused would have to be tested during trial.
Subsequently, Lamba’s revision plea challenging the framing of charges was also dismissed by the Rouse Avenue Court in February this year.
Additional Sessions Judge Dig Vinay Singh had held that there was no “patent illegality, perversity or jurisdictional error” in the magistrate’s order directing that charges be framed against her.
The Sessions Court had relied on video footage and statements of police witnesses to hold that the protest had allegedly gone beyond the exempted area and that protesters breached barricades and obstructed public movement near Sansad Marg.
The court had also rejected the argument that the absence of any medico-legal certificate or injury report created an “evidentiary vacuum”, observing that actual physical injury was not mandatory for offences relating to the use of criminal force.
Meanwhile, the Delhi High Court is separately hearing Lamba’s plea seeking quashing of the FIR, chargesheet and the order framing charges against her.
In February, a Bench of Justice Swarana Kanta Sharma issued notice to the Delhi Police on Lamba’s petition and sought its response, while listing the matter for further hearing on September 3.
In her plea before the Delhi High Court, Lamba has contended that the prosecution amounts to excessive criminalisation of a peaceful political protest and that continuation of the proceedings would result in a “serious miscarriage of justice”.
Source: IANS
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