File FIR against BJP MLA, Maliwal tells police chief

The Delhi Commission for Women has recommended to Delhi Police to file an FIR against BJP MLA O P Sharma in a complaint filed by AAP’s Alka Lamba.

The step was taken by the commission after seeking a legal opinion from senior advocate Ramesh Gupta in the Lamba-Sharma case.

Lamba was hit by a stone by a youth during her anti-drugs drive at Kashmere Gate on August 9.

In her complaint, the Chandni Chowk legislator had alleged that the youth who had attacked her worked at a sweet shop owned by Sharma and it was intentional.

She had also mentioned that the BJP MLA had called her a “drug addict” and used improper language against her several times during a press conference. 

Kashmere Gate SHO, who was later summoned by the DCW had replied that no FIR against Sharma had been registered as Lamba’s injuries were not of serious nature and no cognisable offence can be made out on both her complaints.

Mentions IPC section
In a letter to Police Commissioner B S Bassi, DCW chief Swati Maliwal said, “From the legal opinion, it is clear that a case under section 308 (attempt to commit culpable homicide) of the Indian Penal Code is made out and needs to be investigated further.

Also, the conspiracy angle in this case needs to be looked into by police.”
“On the second complaint of Alka Lamba against the public statement of Sharma,
offences under section 503 and 506 (criminal intimidation), 509 (word, gesture or act intended to insult modesty of woman), and 504 (intentional insult with intent to provoke breach of peace) of the IPC are made out,” she added.

FIR must
Lamenting that police did not file an FIR, the letter further said, “It is evident that an FIR should have been registered in both instances as cognisable offences are made out.

However, it is sad to note that even in the case where modesty of an honourable lady member of the Legislative Assembly has been outraged, police have failed to file an FIR.”
Maliwal also asked Bassi to take “suitable” action against the erring officers who refused to file the FIR.