ECI Protest Case: Court Discharges Derek O’Brien, Sagarika Ghose, Saket Gokhale & Others
Delhi Police alleged that on April 8, 2023, several TMC leaders held a protest with placards outside the ECI headquarters despite prohibitory orders under Section 144 CrPC being in force;
A Delhi Court on Thursday discharged 10 leaders of the Trinamool Congress (TMC), including senior party functionary and MP Derek O’Brien, journalist-turned-politician Sagarika Ghose, and party spokesperson Saket Gokhale, in a criminal case linked to their protest outside the Election Commission of India (ECI) last year despite prohibitory orders.
Additional Chief Metropolitan Magistrate (ACMM) Neha Mittal at the Rouse Avenue Court passed the order, clearing the leaders of all charges in the case.
"Vide separate order of even date pronounced in open Court, all the accused persons are discharged u/s 188/145/34 IPC. Put up for furnishing of Bail Bonds u/s 437A Cr.P.C. on 16.07.2025," the Court ordered.
Previously
On May 13, the Delhi Court had granted bail to the ten leaders of the Trinamool Congress (TMC).
Notably, on April 30, the Delhi Court had granted exemption from personal appearance for the day to TMC leaders. The Court had allowed the exemption plea moved by counsel for eight TMC leaders, including Santanu Sen, Dola Sen, Nadimul Haque, Arpita Ghosh, Abir Ranjan Bishwas, and Sudip Raha.
The Court had directed all the accused to remain present on the next date of hearing, May 13. The Court had also directed the presence of TMC MP Vivek Gupta and asked him to appear again on the next date to formally furnish a bail bond. Meanwhile, fresh summons were issued to Santanu Sen after the earlier summons reportedly returned unserved.
It is to be noted that the summons to the ten accused were originally issued by the Delhi Court on April 21.
The ACJM had noted, “Brief facts of the prosecution case are that on 08.04.2024, at around 4:00 p.m., the accused persons gathered outside the main gate of Election Commission of India and started protesting while holding placards and banners in their hands without permission despite imposition of Section 144 CrPC. It is further alleged that the accused persons continued to protest despite warning regarding the imposition of Section 144 Cr. P.C. upon which the present FIR was registered. I have perused the charge-sheet as well as the complaint under Section 195 Cr. P.C. I take cognizance of the offences punishable under Section 188/145/34 IPC.”
According to the Delhi Police, on April 8, 2023, several TMC leaders gathered outside the ECI's main gate and held a protest carrying placards and banners, despite prohibitory orders under Section 144 of the Code of Criminal Procedure being in force at the time. Police claim that the protest was staged without prior permission and continued even after the protestors were informed about the existing restrictions.
The TMC leaders had assembled to demand the removal of chiefs of central probe agencies, including the Central Bureau of Investigation (CBI), National Investigation Agency (NIA), Enforcement Directorate (ED), and the Income Tax Department. The protest followed a meeting between a ten-member TMC delegation and the full bench of the Election Commission, where they raised concerns regarding the alleged misuse of federal agencies against opposition parties.
The FIR against the TMC functionaries was registered after the protest, with the police alleging that the demonstration violated legal restrictions on public gatherings.
The case will now be heard on May 13, when all the accused have been directed to be present before the Court.
Case Title: State v. Derek O’Brien & Ors.