DelhiCourt – Rouse Avenue Court Upholds Charges Against Former MLA Alka Lamba
DelhiCourt – The Rouse Avenue Court in New Delhi on Friday declined to interfere with the trial court’s decision to frame charges against former MLA Alka Lamba in a case linked to an alleged violation of prohibitory orders during a protest held last year.
The matter stems from a demonstration organised at Jantar Mantar in 2024, where participants gathered to express support for women’s reservation. Authorities later registered a case, alleging that the protest violated existing government restrictions and obstructed public servants in the discharge of their official duties. Lamba challenged the framing of charges, arguing that the order was legally unsustainable.
Court Finds No Error in Trial Court’s Order
Special Judge (MP-MLA) Dig Vinay Singh dismissed Lamba’s revision petition, observing that the earlier order framing charges did not suffer from any legal or procedural flaw. The court made it clear that there was no apparent illegality, perversity, or jurisdictional lapse that would justify setting aside the trial court’s decision.
Rejecting the plea, the judge noted that revisional jurisdiction is limited and cannot be used to re-evaluate evidence as if the matter were at the stage of a full trial. As a result, the revision petition was formally dismissed.
Prima Facie Case Established, Says Court
While explaining the reasoning behind the decision, the court stated that the trial court had carefully examined statements from eyewitnesses along with available electronic material before concluding that a prima facie case existed against the accused.
The judge reiterated that, at the stage of framing charges, the law does not require proof beyond reasonable doubt. Instead, the threshold is whether there is sufficient ground to proceed with the case. On this basis, the court held that the trial court’s assessment met the required legal standard.
Defence Arguments Left for Trial Stage
The court also addressed the arguments raised by Lamba’s counsel, including the alleged absence of independent witnesses, lack of physical injuries, and the broader issue of whether the protest amounted to legitimate dissent. It clarified that such contentions are matters of defence and must be tested during the trial through evidence and cross-examination.
According to the court, these aspects cannot be pre-judged or conclusively decided at the preliminary stage of framing charges. The judge emphasised that the trial process is the appropriate forum to examine these claims in detail.
Charges Framed Earlier This Year
The Rouse Avenue Court had formally framed charges against Alka Lamba on January 14. The case is based on an FIR registered in 2024 at the Parliament Street Police Station following the protest at Jantar Mantar.
Additional Chief Judicial Magistrate Ashwani Panwar had framed the charges after concluding that there was sufficient material on record to proceed. Lamba pleaded not guilty to the allegations and sought a full trial to contest the charges.
Legal Provisions Invoked in the Case
Earlier, on December 19, the court had passed an order directing that charges be framed under multiple provisions of the Bharatiya Nyaya Sanhita. The court had then stated that a prima facie case was made out against the accused for offences punishable under Sections 132, 221, 223(a), and 285.
Based on this finding, the trial court ordered that formal charges be drawn up, paving the way for the commencement of trial proceedings. With the dismissal of the revision petition, the case will now continue before the trial court in accordance with law.