NEW DELHI: The Delhi High Court on Wednesday sought the stand of the city police on a plea by Congress leader Alka Lamba challenging an FIR and charges against her in a case related to an assault on police personnel during a protest at Jantar Mantar here in 2024.
Justice Swarana Kanta Sharma issued notice to the police on Lamba's plea seeking a direction to quash the FIR and all consequential proceedings, including the chargesheet and framing of charges, and asked it to file a response.
The prosecution has accused the Congress leader of obstructing police and blocking a public road while holding a protest in support of women's reservation at Jantar Mantar on July 29, 2024.
On December 19, 2025, the magistrate had ordered framing charges for the offences of 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 danger or obstruction in a public way.
The counsel for the petitioner, advocate Abhik Chimni, urged the court to list the matter on a "short date" to enable him to press for interim relief of stay on the proceedings.
"FIR is registered in 2024. You are coming in 2026 and saying there is urgency," the court remarked while turning down the request.
The matter was listed for hearing on September 3.
In her petition, Lamba said the present FIR was a "classic case of over-criminalisation of a peaceful protest" and continuation of the proceedings would result in grave miscarriage of justice.
"The prosecution is vitiated by arbitrariness and selective attribution, inasmuch as a peaceful protest has been converted into a prosecution against a single public figure without legally reliable and specific particularisation of overt acts attributable to the Petitioner, thereby undermining fairness in criminal process," the plea said.
"The continuance of the present proceedings would result in grave miscarriage of justice, as the petitioner would be compelled to undergo the rigours of criminal trial for conduct which, in substance, constitutes peaceful political expression and assembly protected by the Constitution and not intended to be criminalised by the penal law," it added.
On February 6, the sessions court ruled that the magisterial court exercised its judicial mind in concluding that a prima facie case was made out against Lamba.
Rejecting Lamba's arguments regarding the lack of independent witnesses, the absence of injuries and the nature of dissent, the sessions court said that these aspects needed to be established during the trial and could not be prejudged.
It noted the magisterial court's observation that Lamba, in video evidence, could be seen jumping the first barricade and leading protesters to push a chain of women police officers and subsequently lying on the public road, and that after successfully jumping the second barricade, she vanished after reaching Tolstoy Road.