10 TMC members discharged in case linked to protest outside ECI despite Section 144. Delhi Police alleged protest held without permission; detailed court order awaited.
New Delhi: Today, on July 10, A Delhi court has discharged 10 senior Trinamool Congress (TMC) leaders, including Member of Parliament Derek O’Brien, journalist-turned-politician Sagarika Ghose, and party spokesperson Saket Gokhale, in a case related to a protest that took place outside the Election Commission of India (ECI) last year.
The protest had occurred despite prohibitory orders being in force in the area under Section 144 of the Criminal Procedure Code (CrPC).
The order was passed on Thursday by Additional Chief Judicial Magistrate Neha Mittal. Although the court has issued the discharge order, the detailed reasoning behind the decision is still awaited.
Previously, on May 13, the same court had granted bail to all the accused in the case. On April 30, the court had allowed the accused persons to skip their personal appearance for the hearing, except for Vivek Gupta, who was directed to remain present.
The court had earlier summoned the TMC leaders on April 21 after it took cognisance of the chargesheet filed by the Delhi Police.
The case pertains to an incident from April 8 last year, when a 10-member delegation of the TMC held a protest outside the main gate of the Election Commission of India in New Delhi.
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The protest was held to raise concerns against what the party claimed was political misuse of central investigative agencies such as the Central Bureau of Investigation (CBI), National Investigation Agency (NIA), Enforcement Directorate (ED), and the Income Tax Department.
The protest was planned after the delegation met the full bench of the Election Commission. During the meeting, they pressed for action and raised complaints about the alleged targeting of opposition parties through central agencies.
According to the TMC, these actions were being carried out at the behest of the BJP-led central government.
The Delhi Police, in its version of the events, claimed that the TMC leaders had assembled outside the ECI without obtaining the required permission and were carrying placards and banners as part of their demonstration.
Despite being informed about the prohibitory orders under Section 144, the leaders allegedly went ahead with the protest. As a result, an FIR was registered against them.
The police stated that the leaders
“gathered outside the main gate of the ECI on April 8 last year and held a protest with placards and banners without requisite permission and despite Section 144 (prohibitory orders) of the Code of Criminal Procedure being in place.”
They further alleged,
“they continued to protest despite being informed about the prohibitory orders.”
With the recent order of discharge, the legal proceedings against the 10 TMC leaders in this particular case have effectively come to an end, unless challenged by the prosecution in a higher court.
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The political significance of this case lies in the broader context of opposition parties frequently accusing the Centre of misusing central agencies to suppress dissent.
The TMC, in particular, has been vocal about this concern and has made several such representations in the past.
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