The Delhi High Court has issued a notice to the Delhi Police following a petition by Alka Lamba, Congress leader and All India Mahila Congress President. Lamba seeks to quash an FIR, chargesheet, and criminal charges against her related to a protest at Jantar Mantar advocating for women’s reservation. Justice Swarana Kanta Sharma’s single-judge Bench has scheduled further hearings for September 3.
The petition challenges the criminal proceedings stemming from a 2024 demonstration at Jantar Mantar, where Lamba participated in a protest urging the implementation of women’s reservation before the Lok Sabha elections. Lamba faces criminal charges under various sections of the Bharatiya Nyaya Sanhita (BNS), 2023, including offenses of unlawful assembly and obstruction of public servants.
Lamba’s plea to challenge the charges was dismissed by the Rouse Avenue Court, which found no legal errors in the magistrate’s decision to proceed with the trial. In her petition to the Delhi High Court, Lamba argues for the quashing of the FIR, chargesheet, and all related proceedings, claiming that the prosecution excessively criminalizes a peaceful political protest.
The continuation of the prosecution, according to Lamba, would lead to a significant miscarriage of justice as she faces criminal trial for actions protected under the fundamental rights of free speech and peaceful assembly. The police alleged that protesters breached barricades and attempted to march towards Parliament, violating prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The Sessions Court, in rejecting Lamba’s revision plea, relied on video evidence and police testimonies to establish a prima facie case against her.
