Delhi court discharges TMC MP Derek O'Brien, 9 others in 2024 ECI protest case

New Delhi [India], July 10 (ANI): Delhi Rouse Avenue Court on Thursday discharged ten Trinamool Congress (TMC) leaders, including MP Derek OBrien, in a case related to a protest outside the Election Commission of India on April 8, 2024.
The other leaders discharged by the court include Mohd. Nadimul Haque, Dola Sen, Saket Gokhle, Sagarika Ghosh, Vivek Gupta, Arpita Ghosh, Dr Santanu Sen, Abir Ranjan Bishwas and Sudip Raha.
The case pertained to alleged disobedience of an order issued by a public servant, which enjoins the unlawful assembly despite an order to disperse.
Additional Chief Judicial Magistrate (ACJM) Neha Mittal discharged all 10 accused. All are discharged, the court said while pronouncing the order.
A detailed order is awaited.
Advocate Kunal Mimani, along with Shraddha Chirania, represented eight accused persons, including Derek OBrien.
On April 21, the court had issued summons to the accused after taking cognisance of the charge sheet and a complaint filed by the Delhi police.
I have perused the charge-sheet as well as the complaint under Section 195 CrPC. I take cognisance of the offences punishable under Section 188/145/34 IPC, ACJM Mittal ordered on April 21.
TMC leaders had allegedly gathered and protested at the Election Commission of India in April 2024 ahead of the General Election.
The facts of the prosecution case are that on 08.04.2024, at around 4:00 p.m., the accused persons gathered outside the main gate of the Election Commission of India and started protesting while holding placards and banners in their hands without permission, despite the imposition of Section 144 of the CrPC.
It was further alleged that the accused persons continued to protest despite a warning regarding the imposition of Section 144 CrPC, upon which the present FIR was registered.
Advocate Shraddha Chirania argued the discharge application for Derek O Brien, Mohammed Nadimul Haque, Dola Sen, Saket Ghokhale, Sagarika Ghosh, Arpita Ghosh, Abhir Ranjan Biswas and Sudip Raha.
It was submitted that on 08.04.2024, ten TMC party members were peacefully sitting outside the ECI office and expressing their political dissent. Without following the due standard and procedure mentioned in the guidelines issued by Delhi Police, the party members were taken to the police station and charged with an offence under Section 188 of the IPC. (ANI)

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