Delhi Court summons Derek O'Brien, Sagarika Ghose, 8 other TMC leaders over 2024 Election Commission protest

A Delhi court on Monday issued summons to ten Trinamool Congress (TMC) leaders for their participation in an unauthorized protest outside the Election Commission of India (ECI) on April 8, 2024. The summons were issued after the court took cognizance of a chargesheet and complaint filed by the Delhi Police. The accused leaders include prominent TMC MPs Derek O'Brien, Mohd. Nadimul Haque, Dola Sen, Saket Gokhale, and Sagarika Ghose, along with party leaders Vivek Gupta, Arpita Ghosh, Dr. Santanu Sen, Abir Ranjan Bishwas, and Sudip Raha.

The protest occurred despite the imposition of Section 144 of the CrPC, which prohibits unlawful assembly. The TMC leaders gathered outside the main gate of the Election Commission of India to demand the removal of the heads of several central investigative agencies, including the Central Bureau of Investigation (CBI), Enforcement Directorate (ED), National Investigation Agency (NIA), and the Income Tax Department. They accused the agencies of being misused by the ruling Bharatiya Janata Party (BJP) to target opposition figures ahead of the 2024 Lok Sabha elections.

According to the Delhi Police, the TMC leaders held placards and banners without the necessary permission, ignoring repeated warnings from authorities to disperse. The police stated that despite the imposition of Section 144, the protesters continued with their demonstration, which ultimately led to the registration of an FIR. The court’s decision to issue summons follows the examination of the chargesheet, which outlines the offenses under Section 188 (disobedience to order promulgated by a public servant), Section 145 (unlawful assembly), and Section 34 (common intention) of the Indian Penal Code (IPC).

Additional Chief Judicial Magistrate (ACJM) Neha Mittal passed the order after reviewing the chargesheet and complaint filed by the Delhi Police. "I have perused the chargesheet as well as the complaint... I take cognisance of the offences punishable under Section 188/145/34 IPC," the judge stated in the order. The next hearing has been scheduled for April 30, 2025, where the court will address the legal proceedings further.

The protest by the TMC leaders had been part of their broader political strategy to challenge the central government's influence on key national institutions. The TMC contended that these agencies were being politically weaponized against opposition leaders in the run-up to the general elections. As the case progresses, it will continue to draw attention to the ongoing legal and political tensions surrounding the conduct of the central government and the opposition parties.