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Observing that the accused was "clearly seen pushing police officials, jumping barricades and instigating protesters to breach prohibitory orders," a Delhi court on Thursday framed criminal charges against Congress leader Alka Lamba in connection with a protest near Jantar Mantar that allegedly escalated into obstruction of public servants and disruption of public movement.
In a detailed order, Additional Chief Judicial Magistrate Ashwani Panwar of the Rouse Avenue District Courts held that video footage placed on record prima facie showed Lamba leading protesters beyond the permitted protest zone, pushing police personnel on duty and violating orders issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The court noted that the accused was the first to jump barricades and used gestures to prompt others to follow, resulting in obstruction of police functions and public roads. "At the stage of framing of charge, the court is only required to see whether there is material raising grave suspicion against the accused," the magistrate observed, adding that the probative value of evidence cannot be tested at this stage and the defence version must await trial. According to the prosecution, the incident occurred on July 29, 2024, when prohibitory orders were in force around Jantar Mantar. Despite being informed that permission to "gherao" Parliament had been denied, Lamba allegedly led protesters towards Tolstoy Road, pushed police officials, jumped multiple barricades and lay on the public road, causing obstruction and annoyance to the public. After playing the videos in open court, the magistrate recorded that the footage showed Lamba repeatedly instigating protesters, pushing women police officers forming a chain, and eventually crossing onto the main road before leaving the spot, following which police peacefully detained the remaining protesters. The defence argued that the protest was peaceful, held within a designated area, and that no independent public witnesses or medical injury reports were on record. It was also contended that the videos did not show any assault or road blockage by the accused. The court, however, rejected these submissions at the threshold, holding that the material on record disclosed "grave suspicion" sufficient to proceed to trial. The court directed that charges be framed against Lamba under Sections 132 (assault or criminal force to deter public servant), 221 (obstructing public servant), 223(a) (disobedience to a duly promulgated order) and 285 (danger or obstruction in public way) of the Bharatiya Nyaya Sanhita (BNS). Her application seeking discharge under Section 281 BNSS was dismissed. (ANI)
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