2024 ECI Protest Case: Delhi Court Discharges TMC MP Derek O’Brien, 9 Others

Delhi Court

Ten senior Trinamool Congress (TMC) leaders, including Member of Parliament Derek O’Brien, participated in a demonstration outside the Election Commission of India (ECI) premises in New Delhi.

The protest, held around 4:00 p.m. near the ECI’s main gate, saw leaders carrying placards and banners to voice their political dissent. Police had imposed Section 144 of the Criminal Procedure Code (CrPC) in the vicinity—prohibiting unlawful assembly—and issued warnings to disperse, which the protesters reportedly ignored.

Charges & Initial Proceedings

Acting on the Delhi Police’s complaint, an FIR was registered against the ten TMC leaders under Section 188 (disobedience to order duly promulgated by public servant), read with Section 145 (appears to relate to unlawful assembly) and Section 34 (common intention) of the Indian Penal Code. On April 21, 2024, the Rouse Avenue Court issued summons to all accused after reading the charge sheet and police complaint. Additional Chief Judicial Magistrate (ACJM) Neha Mittal formally took cognisance of offences under Sections 188, 145, and 34 IPC on the same day.

Defence’s Contentions

Represented by Advocates Kunal Mimani and Shraddha Chirania, eight of the accused—including Derek O’Brien, Mohammed Nadimul Haque, Dola Sen, Saket Gokhale, Sagarika Ghosh, Arpita Ghosh, Abir Ranjan Biswas, and Sudip Raha—filed applications for their discharge. Counsel argued that on the day in question, their clients were “peacefully sitting outside the ECI office and expressing their political dissent.” They further contended that the police did not follow the “due standard and procedure mentioned in the guidelines issued by Delhi Police” before detaining the party members and charging them under Section 188 IPC.

Court’s Decision

On Thursday, ACJM Mittal delivered the verdict, stating succinctly: “All are discharged.” By this order, the court exonerated all ten leaders from the charges of unlawful assembly and disobedience to public order. While the magistrate’s brief announcement did not elaborate on detailed reasoning, parties are awaiting the full written order to understand the legal basis for the discharge.

List of Discharged Leaders

Derek O’Brien (MP)
Mohammed Nadimul Haque
Dola Sen
Saket Gokhale
Sagarika Ghosh
Vivek Gupta
Arpita Ghosh
Dr. Santanu Sen
Abir Ranjan Biswas
Sudip Raha

What’s Next

With the discharge order now on record, the prosecution cannot reinitiate the same charges against these ten individuals. However, if the detailed order reveals grounds open to challenge, the police may explore other legal avenues. Meanwhile, the TMC leadership has welcomed the court’s decision as a vindication of their right to peaceful protest.

Conclusion

The Rouse Avenue Court’s discharge of these prominent TMC figures underscores the judiciary’s role in balancing law and order with the democratic right to dissent. As political parties gear up for future campaigns, the decision may also set a precedent on how protests near sensitive government institutions are policed and adjudicated.