New Delhi: The Delhi high court on Wednesday declined to entertain a petition by jailed Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka challenging the extension of their judicial custody, observing that barricades and police permission exist to prevent protests from spiralling beyond organisers’ control.
Following the court’s refusal, the two CJP leaders withdrew their plea. They have been in judicial custody since October 14 after allegedly climbing over a locked gate to enter Jantar Mantar, which had by then been de-notified as a designated protest venue.
Das and Ranka approached the high court on Tuesday against an October 19 order of a special executive magistrate (SEM) at Mandir Marg police station, which extended their custody by two days. The magistrate had cited apprehensions to public peace and security, and observed that the CJP leaders had shown “no respect for law” by repeatedly calling for protests at de-notified locations, as reported by Hindustan Times.
Court Cites Unrest Abroad
While hearing the matter, the court questioned the leaders’ decision to breach barricades without permission and referred to violent unrest in other countries.
“Barricade is there for a purpose… and when you break the barricade, there is a chance of 10-20 people coming,” the court told their counsel, Abhik Chimni.
“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 who join your group and spoil your name,” the court said, as reported by Bar and Bench.
The observations came amid violent student-led protests in France, which reportedly escalated into arson and looting.
BNSS Procedure Questioned
The court also examined the legal course available after the leaders allegedly violated their bail bonds. It noted that they had furnished bonds on October 11, the same day Jantar Mantar was de-notified as a protest site, before being arrested again.
“When your bail bonds are accepted, sureties are given. When a bail bond is broken there is a procedure in BNSS. Instead of following that procedure which can be forfeiting your surety etc, probably they are more benevolent to you by giving you fresh notice,” the court remarked.
It further advised the counsel to first pursue remedies before the revisional court rather than approach the high court immediately.
“Instead of arguing now, why don’t you keep your powder dry? First before the revisional court (trial court) and then high court. Are you not firing your gun today when it might not be required in law?” the court asked.
‘You Are Not GenZ’
Midway through the hearing, the court asked the ages of Das and Ranka. Chimni said they were 27 and 32 respectively.
“Saurav is 27 and Ashutosh is 32,” Chimni said.
“Then you are not GenZ. What is GenZ? Court is informed that people born after 1997 are GenZ. Then you are not GenZ,” the court responded.
On October 10, the two leaders were detained at Terminal 3 of Indira Gandhi International Airport. Preventive action was initiated under Sections 126 and 170 of the BNSS, and they furnished bail bonds of ₹50,000 each. Delhi Police de-notified Jantar Mantar as a protest venue on October 11, a decision separately challenged before the Supreme Court and the Delhi high court.
Chimni told the court that police had not disclosed the material on the basis of which they claimed an “imminent threat” to public order in the October 19 custody-extension order.