Protest case: Alka Lamba released on probation of good conduct

The Rouse Avenue Court released former MLA Alka Lamba on one-year probation of good conduct in a 2024 protest case. Convicted for protesting for the Women's Reservation Act, she was released on furnishing a Rs 1 lakh bond and surety.

The Rouse Avenue Court on Saturday released former MLA Alka Lamba on probation of good conduct in a protest case. She was convicted in a case of protest in support of the Women's Reservation Act at Jantar Mantar in July 2024.

Probation Order Details

Alka Lamba had moved an application for release on probation for good conduct. Additional Chief Judicial Magistrate (ACJM) Ashwani Panwar directed to release Alka Lamba on Probation of good conduct for one year, subject to furnishing a bond of Rs 1 lakh and one surety bond in the like amount.

The court said, "To meet the ends of justice and considering the character and antecedents of the convict as well as the circumstances in which the offence was committed, this Court deems it appropriate to extend the benefits of Section 401 of the BNSS to the convict."

"Accordingly, this court is hereby releasing the convict Alka Lamba on probation of good conduct, on her entering into a bond in the sum of Rs.1,00,000 with one surety in the like amount, to keep the peace and be of good behaviour for one year from the date of entering into the bond," ACJM Panwar ordered on June 6.

The court clarified that during the said period of one year since entering into the bonds, the convict shall keep peace and good behaviour and further not indulge in similar offence(s), failing which she shall be produced before this Court to receive appropriate sentence qua the offences for which she has been convicted in the present case.

Court's Rationale for Leniency

While deciding the application, the court noted that the convict is a woman and also a first-time offender and as such, Section 401(1) of the BNSS squarely applies. The court also noted that the State has not placed on record any previous conviction of the convict, and there is no argument as to why the benefits of Section 401 of the BNSS should not be given to the convict.

"This Court has also given ample consideration to the present case and has no reason to deny the benefits of the benevolent provision. The Reformative Theory of Punishment aims at rehabilitating an offender back into society as a law-abiding member, who would conform to the norms of the society," the court said in the order.

Background of the Conviction

While delivering the judgement on May 25, 2026, the court had observed that the convict, while protesting on July 29, 2024, exceeded the time and place of protest and, through her actions, jumped police barricades, pushed police officers and even obstructed the public way. The gathering was huge, and any action of the convict could have major consequences since she enjoyed a pivotal role in the protest.

"It is fortunate that no physical injury was caused to the police, fellow protesters, or to the public at large. The convict, a former lawmaker, cannot be allowed to plead that there were no sufficient information available about the restrictions as to the time and the place of protest," the court had observed.

Defence Arguments

Advocate Imran Ali, Aarfa Khanam and MZ Khan appeared for Alka Lamba. While arguing on the application, the counsel submitted that the convict has submitted that she is a first-time offender with clean antecedents, and although a violation has been alleged, the same is of a technical/ regulatory character, and there is no actual injury, victim or damage caused.

It was further argued that the convict's participation was in a peaceful public demonstration at Jantar Mantar, New Delhi, on July 29, 2024, in support of Women's Reservation Act - a cause of enormous constitutional and national importance, and regards ought to be made to no physical injury being proved by medico-legal certificate (MLC), no damage to any public or private property, no member of public suffering any harm, and the convict was hand-picked while other protesters were also present.

It was prayed that the convict is a woman, a senior public figure, and thus, reformative theory requires leniency by giving the benefits of the Probation of Offenders Act, 1958 to the convict. (ANI)

(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)