[ECI Protest Case] Delhi Court Summons Derek O’Brien, Sagarika Ghose, and Saket Gokhale

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Synopsis

According to the prosecution, on April 8, 2024, at approximately 4:00 p.m., Derek O’Brien, Sagarika Ghose, and Saket Gokhale assembled near the main gate of the ECI and initiated a protest while holding placards and banners. The protest reportedly took place without obtaining the necessary permission and despite the enforcement of Section 144 CrPC, which prohibits the assembly of four or more persons in a public place.

A Delhi court, on Monday, summoned Trinamool Congress (TMC) leaders Derek O’Brien, Sagarika Ghose, and Saket Gokhale in connection with a protest held outside the Election Commission of India (ECI) in 2024, allegedly in violation of a prohibitory order under Section 144 of the Code of Criminal Procedure.

Additional Chief Judicial Magistrate Neha Mittal 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 Cr.P.C. 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”. 

It was further alleged that the protest continued even after the authorities issued warnings about the imposition of Section 144. Subsequently, an FIR was registered against the accused.

The court perused the charge sheet along with the complaint filed under Section 195 Cr.P.C. Upon examination of the case materials, the court took cognizance of offences punishable under Sections 188 (disobedience to an order duly promulgated by a public servant), 145 (joining or continuing in unlawful assembly, knowing it has been commanded to disperse), and 34 (common intention) of the Indian Penal Code.

The court directed that all the accused be summoned through the Investigating Officer (IO) for appearance on April 30, 2025.

For State: Additional Public Prosecutor Lalit Pingolia
Case Title: State v Derek O’Brien & Ors. 
[Inputs: News18]