HighLights
  1. SEM ordered release of CJP leaders Saurav Das, Ashutosh Ranka.
  2. Delhi Police sought three-day extension for duo.
  3. High Court declined to intervene in their custody.

Cockroach Janata Party leaders Saurav Das and Ashutosh Ranka are set to be released from Tihar Jail a week after the Special Executive Magistrate (SEM) ordered their release from judicial custody on Wednesday in the Jantar Mantar trespassing case.

The two activists were brought to Mandir Marg Police Station for production before the SEM court after their previous judicial custody expired.

Das and Ranka were initially remanded to five days of judicial custody on October 14 after being detained for allegedly entering the denotified protest site at Jantar Mantar and violating peace bonds.

Their custody was extended by two days on October 19 and was scheduled to expire on Wednesday. Earlier in the day, the Delhi High Court declined to intervene in their judicial custody, asking the two leaders to await the outcome of the proceedings before the SEM and approach the appellate court if their grievances persisted.

ALSO READ: CJP Leaders Withdraw Plea Against Custody Extension After HC Rap; SEM To Decide On Das And Ranka's Release Today

CJP leaders Saurav Das, Ashutosh Ranka withdraw plea in HC

CJP leaders Saurav Das and Ashutosh Ranka were produced before the SEM, and their sureties were submitted during the proceedings. Earlier in the day, the two CJP leaders withdrew their plea challenging the extension of their judicial custody after the Delhi High Court questioned the timing of their petition. The court asked why they had approached it when the Special Executive Magistrate was scheduled to hear the matter later that day.

“When the matter is coming up today, why run here? Also, if it is a revisable order, would it not be appropriate for you to withdraw this, see what happens at 2 PM [before the SEM court] and then see what is available to you in law,” Justice Subramonium Prasad said, as quoted by Bar and Bench.

Questioning the alleged breach of the bonds furnished by the CJP leaders on October 11, the judge also asked why the procedure prescribed under the Bharatiya Nagarik Suraksha Sanhita (BNSS) for violations of such bonds had not been followed.

“When you go and break a barricade, the chances of 10 or 20 more people in violation of Section 163 (BNSS) is very high. There may be persons who might not be in your area and who may do things,” he said.

“We are seeing what is happening outside our country. Arson etc. You may have started with something you say is peaceful. For that purpose, you take police permission, which is to prevent unwanted persons from joining your group and spoil your name,” Justice Subramonium added.

Justice Subramonium Prasad allowed the CJP co-conveners to withdraw their plea, observing that a writ petition under Article 226 of the Constitution was not the appropriate remedy in what he described as a “repeat case” of violating a peace bond.

The High Court development came a day after Das and Ranka approached the Delhi High Court, challenging the magistrate's decision to extend their judicial custody in connection with allegations of breaching peace bonds and trespassing at Jantar Mantar after it was denotified as a designated protest site.

The duo were initially remanded to five days of judicial custody on October 14 after being detained for allegedly entering the denotified protest site at Jantar Mantar and violating peace bonds. They remained lodged in Tihar Jail pending the SEM's order.

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Their custody was extended by two days on October 19 and was due to expire on Wednesday. The Special Executive Magistrate (SEM), ACP Mahesh Kumar Meena, held a hearing on Sunday but did not pass an order on their release at the time.

In his order, the magistrate said the duo had “deliberately breached” the bonds they had furnished on October 11. The order also cited concerns about their conduct and their alleged calls for protests at locations no longer designated for demonstrations.


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