Delhi court convicts Mahila Congress chief Alka Lamba in 2024 police assault case

A Delhi court on Monday convicted Congress leader Alka Lamba in a case related to an assault on police personnel during a protest at the Jantar Mantar in 2024, saying that she ignored the prohibitory orders and failed to fulfil her duty as a responsible citizen. Additional Chief Judicial Magistrate Ashwani Panwar was hearing the matter in which Lamba, the Mahila Congress president, was accused of obstructing police and blocking a public road while holding a protest in support of women’s reservation on July 29, 2024. In an order, the court said, “The accused, being a responsible citizen, was duty bound and accepted to ensure public order at the time of holding protest at the site. However, the accused miserably failed to fulfil the corresponding duty and paid no heed to the warning given to her by the police officials declaring her protest as unlawful.”

According to the prosecution, prohibitory orders under BNSS Section 163 had been imposed in the area. Despite being informed about the restrictions, Lamba allegedly led supporters towards Parliament, crossed police barricades and raised slogans demanding women's reservation. The prosecution alleged that Lamba and her supporters attempted to "gherao" Parliament, pushed police personnel and blocked a public road near Free Church after crossing barricades. During the trial, several police witnesses deposed that Lamba encouraged protesters to march towards Parliament and repeatedly called for a "gherao" of the Parliament building. Witnesses also told the court that announcements regarding the imposition of Section 163 BNSS were made through loudspeakers, but protesters nevertheless crossed barricades and allegedly pushed security personnel.

The court said that evidence established that Lamba clearly intended to prevent and deter the police officials from discharging their duty when they tried to stop the protesters within the protest area. “The said act was committed voluntarily as she intended the protest to exceed the time frame and also intended to carry dharna/ demonstration beyond the exempted area,” the judge said. The court noted that Lamba along with other protesters pushed the police officials, blocked the road causing annoyance to the general public with the risk of injury to all present at the spot. “This court has no hitch in saying that the accused is liable to be convicted of all the four offences she is charged with,” the order said.

The prosecution relied on video footage recorded by the police photo section and transferred to a pen drive as electronic evidence in the case. The footage allegedly captured the protest proceedings and the incident in question. The investigation revealed that permission for the protest at Jantar Mantar had been sought by office-bearers of the All India Mahila Congress before the event. The court eventually held Lamba guilty of obstructing public servants in discharge of duty, assaulting officials, disobeying a promulgated order and causing obstruction in a public way. “Keeping in view the above discussion, accused Alka Lamba stands convicted for the offences punishable under Sections 132 (assault or criminal force to deter a public servant), 221 (obstructing lawful apprehension or escape of another person), 223(a) (resistance or obstruction by a person to lawful apprehension), 285 (negligent conduct with respect to fire or combustible matter) of the BNS,” the court said.

The court listed the matter for arguments on sentence for June 4. Lamba's conviction could attract a maximum punishment of up to 2 years' imprisonment with BNS Section 132 attracting the maximum two years of punishment for the convict.