New Delhi, Dec 20: The Rouse Avenue Court has dealt a legal blow to Congress leader Alka Lamba by framing criminal charges against her in connection with a protest held at Jantar Mantar last year.
The demonstration, organized on July 29, sought the immediate implementation of women’s reservation ahead of the 2024 Lok Sabha elections. The court dismissed Lamba’s plea for discharge, maintaining that there is a prima facie case against her for multiple offenses under the Bharatiya Nyaya Sanhita (BNS).
The prosecution's case centers on allegations that the protest turned into a confrontation with law enforcement after authorities had specifically denied permission for a march toward Parliament. According to the FIR, prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) were active in the area at the time. Despite these restrictions, the court observed that Lamba, acting as the Mahila Congress President and lead speaker, allegedly led demonstrators out of the permitted protest zone.
During the proceedings, the magistrate reviewed video footage played in open court which reportedly showed the accused pushing police officials and instigating protesters to jump over barricades. The court record indicates that Lamba was seen leading a push against a human chain formed by women police officers and that protesters obstructed the public way by lying on the road.
These actions led the court to conclude that Lamba used force and willfully disobeyed orders promulgated by public servants.
In response to Lamba’s contention that the protest was peaceful and confined to a designated area, the court clarified that the probative value of such claims cannot be weighed at this preliminary stage. The judge noted that the court's current responsibility is only to determine if the material on record raises a grave suspicion against the accused, leaving the specific merits of her defense to be tested during the upcoming trial. Consequently, the court held that the prosecution's evidence must be accepted as true for the purpose of framing charges.
As a result of this ruling, Alka Lamba will face trial under several specific provisions of the BNS. These include Section 132 for using criminal force to deter a public servant from their duty, Section 221 for obstructing a public servant, Section 223(a) for the disobedience of a legal order, and Section 285 for causing danger or obstruction in a public way.
