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Delhi Court Clears TMC MP Derek O’Brien, 9 Others in 2024 Election Commission Protest Case

Additional Chief Judicial Magistrate (ACJM) Neha Mittal pronounced, “All are discharged,” while a detailed order is still awaited.

TIS Desk | New Delhi |

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A Delhi court on Thursday discharged Trinamool Congress (TMC) MP Derek O’Brien and nine other party leaders in a case linked to a protest held outside the Election Commission of India (ECI) on April 8, 2024.

The other leaders discharged by Rouse Avenue Court include Mohd. Nadimul Haque, Dola Sen, Saket Gokhale, Sagarika Ghosh, Vivek Gupta, Arpita Ghosh, Dr Santanu Sen, Abir Ranjan Bishwas, and Sudip Raha. The case was registered for allegedly defying prohibitory orders under Section 144 CrPC and continuing with an unlawful assembly despite police warnings.

Additional Chief Judicial Magistrate (ACJM) Neha Mittal pronounced, “All are discharged,” while a detailed order is still awaited.

The TMC leaders were accused of protesting without permission and in violation of Section 144 near the ECI’s main gate, carrying banners and placards during the election season. An FIR was filed under IPC Sections 188, 145, and 34 following the incident.

Advocates Kunal Mimani and Shraddha Chirania represented eight of the accused, including O’Brien. In their arguments, the defence claimed that the protest was peaceful and a form of political dissent, and that due procedure was not followed by the police before invoking charges under Section 188 IPC.

The court had earlier taken cognisance of the Delhi Police’s chargesheet and issued summons on April 21, but has now dismissed all charges, offering legal relief to the TMC leaders ahead of upcoming parliamentary sessions.

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