Delhi court has summoned TMC leader Derek O’Brien and others for holding a protest in 2024 outside the ECI despite Section 144 in place. The leaders are accused of unlawful assembly and disobedience of public orders.
Delhi court: Summoned several leaders of the Trinamool Congress (TMC), including senior members like Derek O’Brien, Sagarika Ghose, and Saket Gokhle, for protesting outside the Election Commission of India (ECI) in April last year, even though a prohibitory order was in place at the time. The protest was held without police permission, violating Section 144 of the Code of Criminal Procedure, which bans unlawful gatherings.
On Monday, Additional Chief Judicial Magistrate Neha Mittal issued the order after examining the police chargesheet and the complaint.
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The Court stated,
“I have perused the charge sheet and the complaint… I take cognisance of the offences punishable under Section 188 (disobedience to order promulgated by a public servant), 145 (unlawful assembly), and 34 (common intention) IPC. All the accused persons be summoned through the IO for April 30, 2025.”
The court has asked TMC leaders Santanu Sen, Dola Sen, Nadimul Haque, Vivek Gupta, Arpita Ghosh, Abir Ranjan Bishwas, and Sudip Raha to also appear on the same date. All these leaders were part of the protest held in front of the Election Commission’s office.
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According to Delhi Police, on April 8 last year, these leaders gathered outside the main gate of the ECI building with placards and banners. The police alleged that the gathering took place without proper permission and in violation of the prohibitory orders already in place. The protest continued despite warnings issued by the police, which eventually led to the filing of an FIR against them.
The protest was held by a 10-member TMC delegation shortly after they met the full bench of the Election Commission. They had gathered to express their dissatisfaction with the central investigative agencies, including the CBI, NIA, ED, and the Income Tax Department. The TMC leaders were demanding the removal of the heads of these agencies.
The party also alleged that the Centre, led by the BJP, was misusing these agencies to target opposition parties. The TMC claimed the protests were a response to politically motivated actions by these central agencies against leaders from opposition parties.
The court’s decision to summon the TMC leaders is based on the allegations that they defied legal restrictions and participated in an unlawful protest. They have now been directed to appear before the court on April 30, 2025 to respond to the charges against them.
