NEW DELHI — A Delhi trial court on Thursday recalled a non-bailable warrant (NBW) previously issued against Students’ Federation of India (SFI) leader Aishe Ghosh in connection with a criminal case registered over a 2021 political demonstration outside Bangla Bhavan in the national capital.
Judicial Magistrate First Class Vijayshree Rathore of the Patiala House Courts bench passed the order after Ghosh surrendered to the jurisdiction of the court and physically appeared before the magistrate.
The court directed the cancellation of the execution warrant subject to the deposit of a nominal cost of ₹1,000 by the accused leader.
Procedural History and Statutory Offence
The proceedings stem from a First Information Report (FIR) registered during a political protest organized in 2021 in front of Bangla Bhavan. Following the completion of the investigation, the Delhi Police submitted a formal chargesheet before the jurisdictional magistrate.
In the chargesheet, Ghosh has been arrayed as an accused for alleged offences under the Indian Penal Code (IPC), specifically:
- Section 188, IPC: Disobedience to an order duly promulgated by a public servant.
- Section 447, IPC: Punishment for criminal trespass.
The non-bailable warrant had been issued after the accused failed to appear on prior scheduled dates of hearing. On Wednesday, the magistrate court granted interim protection by staying the operation of the execution warrant, directing Ghosh to present herself in person before the bench on the following day to seek cancellation.
Upon her physical appearance on Thursday, counsel appearing for Ghosh filed an application under the Code of Criminal Procedure (CrPC) for the recall of the unexecuted warrant.
Legal Representation and Arguments
Appearing on behalf of the student leader, a panel of advocates—including K.N. Jayashankar, K.R. Subhash Chandran, and Jaimon Andrews—submitted that the non-appearance of the accused on earlier dates was neither intentional nor deliberate. The defence team argued that Ghosh had no intention of evading the process of law and remained committed to participating in the trial proceedings.
Taking note of her personal appearance and the submissions made by counsel, the court observed that the primary objective of issuing coercive process—ensuring the presence of the accused before the forum—had been satisfied.
Exercising discretionary jurisdiction, Judicial Magistrate Vijayshree Rathore recalled the arrest warrant, conditioning the relief on the payment of ₹1,000 as court costs to discourage procedural delays.
Preceding Events
The judicial development follows high-voltage political friction in the national capital over the execution of the judicial process.
Earlier in the week, representatives of the Communist Party of India (Marxist) raised allegations that officials from the Delhi Police attempted to apprehend Ghosh from the party’s central office in New Delhi. Publicly circulated video clips captured senior party leaders, including Member of Parliament (Rajya Sabha) John Brittas, questioning a plainclothes officer regarding the legal authorization and procedures being followed to execute the warrant at the political headquarters.
Ghosh, a prominent figure in student politics, has recently been involved in student-led demonstrations at Jantar Mantar regarding nationwide educational policy and examination reform issues.
With the non-bailable warrant officially set aside and costs deposited, the trial court will proceed with the regular stages of trial, including the formal supply of copies and consideration of charges.
Discription: NEW DELHI — Delhi’s Patiala House Courts on Thursday cancelled a non-bailable warrant (NBW) against Students’ Federation of India (SFI) leader Aishe Ghosh. Judicial Magistrate First Class Vijayshree Rathore set aside the execution warrant after Ghosh physically appeared before the tribunal, imposing a token fine of ₹1,000.
The case originates from an FIR concerning a 2021 demonstration outside Bangla Bhavan. Following police investigation, a chargesheet was filed invoking Indian Penal Code Sections 188 (disobedience to public order) and 447 (criminal trespass).
Represented by advocates K.N. Jayashankar, K.R. Subhash Chandran, and Jaimon Andrews, Ghosh moved a recall application after the court stayed the NBW a day prior. The judicial order concludes police efforts to execute coercive process.