Delhi CJP protest: Dipke, Das and Ranka released but on condition. What do sections 126, 170 BNSS say? Explained | Today’s news
Cockroach Janta Party (CJP) leaders Abhijeet Dipke, Ashutosh Ranka and Saurav Das were released from custody on the orders of a special court on Sunday, a day after the Delhi Police placed them under “preventive arrest”.
The trio were among thousands of protesters detained by Delhi Police ahead of the Jantar Mantar protest against Chief Election Commissioner (CEC) Gyanesh Kumar on Saturday.
Dipke, Das and Ranka were produced before a special executive magistrate’s court in Delhi Cantt on Sunday, CJP Legal Director Ratna Sinha said in a post on X.
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“In the morning I was informed about this by a Delhi Police official. As CJP’s legal director, I will be at the police station along with other advocates representing us,” Singh said in a post on X.
She said they were charged under Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Sinha later reported that the Executive Magistrate had released Abhijeet Dipke, Saurav Das and Ashutosh Ranka on the condition: “no breach of the peace for one year”.
What do sections 126, 170 BNSS say? Explained
Sections 126 and 170 of the BNSS were allegedly invoked against the CJP leaders.
Section 126 relates to security for the preservation of the peace and Section 170 allows for “arrest to prevent the commission of cognizable offences”.
According to Section 126(1) of the BNSS, if the executive judge receives information about a person who might “breach the peace or disturb the public peace or commit any illegal act”, he can require that person to show cause why he should not be ordered to serve in custody to keep the peace for a period of up to one year.
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If the person fails to show cause, or if the Magistrate is satisfied that there are sufficient grounds, he will order the person to carry out the bond. If the person fails to provide the bond, the judge will initiate an investigation into the matter under the Vidhikarya Law Chambers.
Section 170, meanwhile, provides for the “arrest” of an individual “to prevent the commission of cognizable offences”.
According to Section 170 of the BNSS, the police must have the basis required by law to believe that a crime is planned or may occur and that an arrest is necessary to prevent it.
1. A police officer having knowledge of an intention to commit any cognizable offense may, without a warrant from a magistrate, and without a warrant, arrest a person so intending, if it appears to him that the commission of the offense cannot otherwise be prevented.
2. No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or permitted under any other provision of this Sanhita or any other law for the time being in force.
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Why was the CJP team detained?
CJP leaders Abhijeet Dipke, Ashutosh Ranka and Saurav Das were detained immediately after their flight from Mumbai landed in Delhi.
A video has also surfaced on social media showing police officers entering the plane Dipke was on board at the Delhi airport.
“Aray mai arrest hone ke liye hi aaya hun. Karlo arrest (I came here to be arrested; arrest me),” Abhijeet Dipke told police in Delhi when asked for his “cooperation”.
“No, this is not an arrest. Please cooperate,” Delhi Police personnel told Dipke. The video shows Dipke shaking hands and asking the officials if he could at least take his bag with him.
The arrest came amid an unprecedented security crackdown in Delhi where more than 7,000 protesters were detained at various locations, preventing protesters from entering Jantar Mantar, police sources told PTI.
Several opposition leaders, including former chief ministers Arvind Kejriwal, Mamata Banerjee, Pinarayi Vijayan and Manik Sarkar, were also detained while trying to join the protest.
The CJP renewed its call for a protest at Jantar Mantar on Sunday as the police continued tight security with more than 30,000 police and paramilitary personnel to be deployed in the city.
The CJP and opposition parties have been demanding the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the special intensive revision of voter rolls.
