Peaceful Protest or Prima Facie Offence? Delhi HC Seeks Police Reply on Alka Lamba’s Plea to Quash FIR in Jantar Mantar Case

The Delhi High Court on Wednesday issued notice to the city police on a plea filed by Congress leader Alka Lamba seeking quashing of an FIR, chargesheet and the order framing charges against her in a case arising out of a 2024 protest at Jantar Mantar. Justice Swarana Kanta Sharma asked the police to file its response and listed the matter for hearing on September 3.

The FIR pertains to an incident dated July 29, 2024, when a protest was held at Jantar Mantar in support of women’s reservation. The prosecution has alleged that Lamba obstructed police personnel and blocked a public road during the protest.

On December 19, 2025, a magistrate ordered framing of charges against her for offences relating to assault or criminal force to deter a public servant from discharge of duty, obstruction of a public official, disobedience to an order duly promulgated by a public servant, and causing danger or obstruction in a public way.

Lamba has approached the High Court seeking quashing of the FIR and all consequential proceedings, including the chargesheet and the order on charge. Her counsel, advocate Abhik Chimni, requested that the matter be listed on a short date to enable him to seek interim relief in the nature of a stay on the proceedings.

The court, however, declined the request, observing, “FIR is registered in 2024. You are coming in 2026 and saying there is urgency.”

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In her petition, Lamba described the case as a “classic case of over-criminalisation of a peaceful protest.” The plea states that the prosecution is “vitiated by arbitrariness and selective attribution” and alleges that a peaceful protest has been converted into a criminal case against a single public figure without “legally reliable and specific particularisation of overt acts.”

It further contends that continuation of the proceedings would result in a “grave miscarriage of justice,” as she would be compelled to face a criminal trial for conduct that amounts to “peaceful political expression and assembly protected by the Constitution.”

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On February 6, the sessions court had upheld the magistrate’s order framing charges, holding that the trial court had applied its judicial mind and that a prima facie case was made out.

Rejecting the arguments regarding absence of independent witnesses, lack of injuries and the nature of dissent, the sessions court held that these were matters to be examined during trial and could not be prejudged.

The sessions court also referred to the magisterial court’s observations that video footage showed Lamba jumping the first barricade, leading protesters in pushing a chain of women police personnel, lying down on a public road and, after crossing a second barricade, leaving the spot near Tolstoy Road.

The High Court will consider the police response and the petitioner’s submissions on the next date of hearing.

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