Delhi court discharges TMC MP Derek O'Brien, Sagarika Ghosh and eight others in EC protest 2024

Delhi’s Rouse Avenue Court on Thursday discharged ten Trinamool Congress (TMC) leaders, including Member of Parliament Derek O’Brien, in a case linked to a protest outside the Election Commission of India (ECI) on April 8, 2024.

The other discharged leaders are Mohd. Nadimul Haque, Dola Sen, Saket Gokhle, Sagarika Ghosh, Vivek Gupta, Arpita Ghosh, Dr Santanu Sen, Abir Ranjan Bishwas, and Sudip Raha.

The case was filed under Sections 188, 145, and 34 of the Indian Penal Code (IPC), related to alleged disobedience of public orders and unlawful assembly. Police claimed the accused gathered outside the ECI office despite the enforcement of Section 144 CrPC.


“All are discharged,” said Additional Chief Judicial Magistrate (ACJM) Neha Mittal while pronouncing the order.

The leaders had been summoned earlier this year after the court took cognisance of a chargesheet and a complaint by Delhi Police. According to the FIR, the accused were protesting with banners and placards outside the ECI’s main gate, allegedly without permission.

Advocate Kunal Mimani, along with Shraddha Chirania, represented eight accused persons, including Derek O'Brien.

"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.

(With inputs from agencies)