New Delhi: Days after convicting Congress functionary Alka Lamba over a July 2024 protest at Jantar Mantar demanding implementation of women’s reservation, a Delhi court on Saturday directed her release on a one-year good conduct bond.Additional Chief Judicial Magistrate Ashwini Panwar also asked Lamba to furnish a bail bond of Rs 1 lakh, extending her the benefit of Section 401 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).In its sentencing order, the court noted that Lamba had played a significant role in the demonstration, observing that “the gathering was huge and any action of the convict could have major consequences since she enjoyed a pivotal role in the protest.” It added that “it is fortunate that no physical injury was caused to the police, fellow protesters, or the public at large.”Despite these observations, the court held that Lamba was entitled to relief under Section 401. “In the present case, the convict is a woman and a first-time offender and as such Section 401(1) of the BNSS squarely applies,” it said, noting that the state had not placed on record any previous conviction or argued against granting her the benefit.The court said that during the July 29, 2024 protest, Lamba had “exceeded the permitted time and place,” jumped police barricades, pushed personnel and obstructed a public way.Rejecting any claim of ignorance of restrictions, it held that “the convict, a former lawmaker, cannot plead that there was insufficient information about the time and place of protest.”The court added that it had “no reason to deny the benefit of the benevolent provision” and emphasised reform, noting that “the reformative theory of punishment aims at rehabilitating an offender as a law-abiding member of society.”Accordingly, it held that “to meet the ends of justice and considering the character and antecedents of the convict, as well as the circumstances of the offence,” extending the benefit of Section 401 was appropriate.
