Why CJP leaders Saurav Das, Ashutosh Ranka withdrew Delhi High Court plea against extension of custody? | Today’s news
Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka on Wednesday withdrew their plea in the Delhi High Court challenging the extension of their judicial custody till October 21 after the court suggested they wait for a lower court to review their bail, the Bar and Bench said.
The development raises questions about the legal options available to the two activists.
Justice Subramonium Prasad suggested that the activists withdraw their plea for the time being as the Special Executive Magistrate (SEM) was scheduled to review the assurances they had given at 2 pm on Wednesday, according to a report.
Their counsel, advocate Abhik Chimni, agreed to withdraw the petition.
The judge also suggested that the activists approach the revision court if the SEM court’s decision goes against them, rather than immediately seeking relief from the High Court, the report said.
Why did the Delhi High Court suggest withdrawal?
During the hearing, Justice Prasad questioned whether the refusal of the guarantees was necessarily illegal, given the allegations that the activists had breached an earlier precautionary notice.
The judge questioned whether the insistence on sureties could be considered unlawful when a person had allegedly given bail and subsequently breached its terms.
He also expressed concern about the protests potentially escalating into public order problems, especially when barricades were breached and other people were able to join the demonstration.
“When you go and break the barricade, the chances of another 10 or 20 people violating Section 163 (BNSS) are very high,” the judge observed, according to Bar and Bench.
What did the activists think?
Das and Ranka challenged the SEM court’s October 19 decision to extend their remand by two days, arguing that the judge had no jurisdiction to continue their remand for the reasons given.
Their lawsuit claimed they remained in custody for six days despite repeated bail.
Why were their guarantees rejected?
The SEM court rejected the bail granted to the two activists after raising concerns about their identity documents and their ability to ensure that the activists appear before the court, according to the Bar and Bench.
According to the October 19 order cited in the report, the photograph of one guarantor did not match the photograph on his Aadhaar card. The magistrate noted that he did not present another valid identity document and gave unsatisfactory answers.
The second guarantor was reportedly unable to provide basic details about Saurav Das.
Why were the CJP activists detained?
Delhi Police arrested Das and Rank on October 13 after they allegedly entered the barricaded protest site at Jantar Mantar by climbing over its gates.
On October 14, they were sent to judicial custody for five days. On October 19, the SEM court reportedly extended their detention for another two days.
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In his order, the Magistrate said their conduct raised concerns about the upholding of the law and the likelihood of disturbing the peace and tranquility.
Activists questioned the legality of their continued detention and the denial of their guarantees.
Advocates Abhik Chimni and Pranjal Abrol appeared for Das and Rank. Delhi Police was represented by Additional Solicitor General Chetan Sharma and Permanent Solicitor General Ashish Dixit.
