KEY POINTS
- Court asks TMC leaders to submit bail bonds by May 13 in ECI protest case.
- Only Vivek Gupta appeared; others got exemption from personal appearance.
- Protest held despite Section 144; FIR registered for unlawful assembly and disobedience.
The Rouse Avenue Court on Wednesday directed the counsel representing Trinamool Congress (TMC) leaders to furnish bail bonds on May 13, the next date of hearing, in connection with a case related to an alleged unlawful protest staged outside the Election Commission of India (ECI) headquarters earlier this month.
The court proceedings stem from a protest held by TMC leaders on April 8, 2024, during which they allegedly gathered outside the ECI’s main gate at around 4:00 PM, holding placards and banners without prior permission. Authorities claim the protest was conducted despite the enforcement of Section 144 of the Criminal Procedure Code (CrPC), which prohibits unlawful assembly.
The case, prosecuted under Sections 188 (disobedience to order duly promulgated by public servant), 145 (joining or continuing in unlawful assembly, knowing it has been commanded to disperse), and 34 (common intention) of the Indian Penal Code (IPC), was initiated following an FIR filed by Delhi Police after the protest continued despite repeated police warnings.
On April 21, Additional Chief Judicial Magistrate (ACJM) Neha Mittal took cognisance of the charges and the complaint filed under Section 195 CrPC, and issued summons to 10 TMC leaders, including prominent Members of Parliament Derek O’Brien, Mohammad Nadimul Haque, Dola Sen, and Saket Gokhale, as well as leaders Sagarika Ghosh, Vivek Gupta, Arpita Ghosh, Santanu Sen, Abir Ranjan Biswas, and Sudip Raha.
At Wednesday’s hearing, only one of the accused—TMC leader Vivek Gupta—appeared in person before the court. The remaining eight accused, who had filed applications seeking exemption from personal appearance, were represented through their legal counsel. ACJM Neha Mittal granted them temporary exemption for the day.
The court also noted that a fresh summons had been issued to accused Shantanu Sen by the police. However, the summons was returned unserved, with the report stating that Sen no longer resides at the address listed in the official records.
The case will be taken up again on May 13, with the court instructing all counsels to ensure that bail bonds are furnished by then. The matter remains under judicial consideration as part of legal action against the alleged defiance of lawful orders and the formation of an unlawful assembly during a politically sensitive period ahead of the 2024 General Elections.
Comments