Delhi HC issues notice on Alka Lamba’s plea to quash FIR over protest

The case arose from an incident that took place on July 29, 2024, when the president of the All India Mahila Congress (AIMC) called a protest at Jantar Mantar in support of women’s reservation

The Delhi high court on Wednesday issued notice in a petition filed by Congress leader Alka Lamba seeking quashing of a case registered against her for allegedly assaulting police personnel during a women’s reservation protest held at Jantar Mantar in March 2024.

Police claimed that Congress leader Alka Lamba incited protesters throughout and allegedly jumped over barricades despite warnings issued through loudhailers. (HT Archive)

A bench of justice Swarana Kanta Sharma sought the Delhi Police’s response and fixed September 3 as the next date of hearing.

Lamba approached the high court seeking quashing of the FIR registered against her by the Delhi Police, the resultant charge sheet, and the trial court’s December 19, 2025, and February 6, 2026, orders framing charges against her.

The case arose from an incident that took place on July 29, 2024, when the president of the All India Mahila Congress (AIMC) called a protest at Jantar Mantar in support of women’s reservation. Lamba was the main speaker at the event. The FIR alleges that around 1.30pm, Lamba, along with other protesters, tried to breach the first line of barricades that barred access to Tolstoy Road and raised slogans allegedly stating their objective to lay siege to Parliament House.

Despite the deployed police force warning them against breaking through the barricades in view of prohibitory orders in place, the protesters refused to disperse and went on to break the second line of barricades as well. Police claimed Lamba incited protesters throughout and allegedly jumped over barricades despite warnings issued through loudhailers.

On December 19, the magistrate directed that charges under sections 132 (assault or criminal force to deter a public servant from discharge of duty), 221 (obstructing a public servant in discharge of public functions), 223(a) (disobedience of an order duly promulgated by a public servant), and 285 (danger or obstruction in a public way) of the Bharatiya Nyaya Sanhita (BNS) be framed against Lamba, the only protester booked in the matter.

The order was upheld by special judge Dig Vinay Singh on February 6, 2026, concluding that Lamba not only jumped over the first barricade but also instigated other protesters through gestures and ultimately succeeded in making them do so.

In her petition before the high court, Lamba, through advocate Abhik Chimni, said the protest was peaceful and held within a designated area where public assemblies are permitted, and therefore framing charges against her under Section 223 was legally untenable.

She further contended that there were no independent witnesses or medical records substantiating any injuries, and that the video footage on record did not depict her assaulting any police personnel.

“The present FIR is, in substance, a case where the criminal process has been invoked to penalise a peaceful protest. The prosecution seeks to equate civil protest behaviour with criminality and to convert protest management into assault, criminal force, and public obstruction, without legally sustainable attribution of essential ingredients. The continuation of proceedings would therefore result in a grave miscarriage of justice and serve no legitimate purpose,” the petition stated.

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