ECI protests case: Delhi court grants bail to TMC Derek O'Brien, Sagarika Ghose, others

New Delhi: A Delhi court on Tuesday granted bail to 10 TMC leaders, including Derek O'Brien, Sagarika Ghose and Saket Gokhale, in a case registered against them for their protest in April last year in front of the Election Commission of India despite a prohibitory order being in place.

Additional Chief Judicial Magistrate Neha Mittal also granted relief to TMC leaders Santanu Sen, Dola Sen, Nadimul Haque, Vivek Gupta, Arpita Ghosh, Abir Ranjan Biswas and Sudip Raha, on an application moved by their lawyer.

While nine TMC leaders were physically present before the court, Vivek Gupta appeared through video conferencing.

The court granted bail to MPs O’Brien, Haque, Gokhale, Sagarika, Arpita and Bishwas on a personal bond of Rs 10,000 each.

The rest were granted bail on a personal bond of Rs 10,000 along with a surety of like amount.

While granting bail, the judge observed a chargesheet was filed without the arrest of the accused persons.

The court posted the matter on May 21.

"Since the present chargesheet has been filed without arrest, accused 1 to 6 are admitted to bail on furnishing of personal bonds of Rs 10,000. Remaining accused persons are admitted to bail on furnishing bail bonds of Rs 10,000 with one surety of like amount," the judge said.

The court order came after the accused appeared before court following court summons.

The judge on April 21 summoned the accused persons while taking congisance of the chargesheet.

"I have perused the chargesheet as well as the complaint... I take cognisance of the offences punishable under Section 188 (disobedience to order promulgated by a public servant) 145 (unlawful assembly) and 34 (common intention) IPC. All the accused persons be summoned through IO for April 30, 2025," the court ordered on April 21.

The judge on April 30 granted exemption from personal appearance to to the accused persons, except Vivek Gupta, for the day, while directing them to appear before the court on May 13.

The TMC leaders held the protest against central probe agencies CBI, NIA, ED and the Income Tax Department and demanded changing their chiefs.

A 10-member delegation of the TMC had announced the protest after meeting a full bench of the ECI to press their demand.

The party alleged the central probe agencies were targeting opposition parties at the behest of the BJP-led Centre.

Delhi Police alleged TMC leaders accused in the case gathered outside the main gate of the Election Commission of India (ECI) on April 8 last year and held a protest with placards and banners without requisite permission and despite Section 144 (prohibit gathering) of the Code of Criminal Procedure being in place.

Police alleged they continued to protest despite being informed about the prohibitory orders, following which an FIR was registered.

In the run-up to last year's general elections, the TMC leaders were protesting against central probe agencies CBI, NIA, ED and the Income Tax Department and demanded changing their chiefs. A 10-member delegation of the TMC had announced the protest after meeting a full bench of the ECI to press for their demand.

The party alleged that the central probe agencies were targeting opposition parties at the behest of the BJP-led Centre.