Congress Leader Alka Lamba to Face Trial for Parliament ‘Gherao’ Protest: Delhi Court Frames Charges

In a detailed order, Additional Chief Judicial Magistrate (ACJM) Ashwani Panwar of Rouse Avenue Court held that Alka Lamba would be tried under Sections 132, 221, 223(a) and 285 of the Bharatiya Nyaya Sanhita, 2023 (BNS), and dismissed her application seeking discharge under Section 281 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (BNSS).

The case arises from an incident dated July 29, 2024, when a protest was organised at Jantar Mantar in support of women’s reservation. According to the prosecution, the protest was called by Neetu Verma Soni, National President of the All India Mahila Congress, with Alka Lamba being the main speaker. Police claimed that prohibitory orders under Section 163 BNSS had been promulgated in the area, restricting assemblies and movement beyond the designated protest zone.

As per the FIR, police officials on duty informed the protesters about the prohibitory order and warned them against marching towards Parliament. Despite repeated announcements through loudhailers, Lamba allegedly instigated protesters to move towards Tolstoy Road with the intention of “gheraoing” Parliament.

The prosecution alleged that Lamba and other protesters pushed male and female police personnel, jumped barricades, and later blocked the public road opposite Free Church by lying on it, thereby obstructing public movement and hindering police officials from discharging their duties. Following the incident, the protesters were detained and an FIR was registered.

During the hearing on the point of charge, the prosecution argued that Lamba’s conduct amounted to assault or use of criminal force to deter public servants from duty, obstruction of public servants, disobedience of lawful orders, and causing danger or obstruction on a public way. It was contended that video footage, site plans and statements of police witnesses clearly established her role as a leader who instigated and led the breach of barricades.

The defence, however, argued that the protest was peaceful and held within the designated and exempted zone at Jantar Mantar where assemblies are permitted. It was submitted that there were no independent public witnesses and that all witnesses cited by the prosecution were police personnel. The defence further claimed that video recordings did not show Lamba assaulting police officials or blocking public roads, no injury reports or medical records were placed on file, and the site plan did not establish the presence of barricades as alleged.

Rejecting these arguments at the pre-trial stage, the court reiterated the settled legal position that at the stage of framing of charges, the court is only required to assess whether there is prima facie material raising grave suspicion against the accused, and not to conduct a mini trial or weigh the evidence for conviction.

The Court noted that video footage played in open court showed Lamba pushing police officials, jumping barricades, and using hand gestures to instigate other protesters to follow suit. It further observed that she was the first to cross barricades and later lay on the public road along with other protesters, thereby obstructing the public way. The Court also recorded that after breaching the second line of barricades and reaching Tolstoy Road, Lamba left the spot, following which the remaining protesters were peacefully detained by police.

Relying on statements of police officials recorded during investigation and visual evidence, the Court held that Lamba’s actions disclosed a grave suspicion of offences under the BNS. It ruled that the defences raised would have to be tested during trial and could not justify discharge at this stage.

Accordingly, the Court dismissed Lamba’s application seeking termination of proceedings and directed that charges be formally framed against her under Sections 132, 221, 223(a) and 285 of the Bharatiya Nyaya Sanhita.