Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka have approached the Delhi High Court challenging the extension of their judicial custody by two days. The two leaders have sought an urgent hearing, alleging that the order passed by a Special Executive Magistrate was arbitrary and violated their fundamental right to liberty.
The development comes after Special Executive Magistrate Ritu Raj extended their custody on October 19, directing that they remain in jail for another two days. Das and Ranka were initially remanded to five days of judicial custody following their detention over a protest at Jantar Mantar in New Delhi.
According to reports, the CJP leaders have challenged the rejection of their sureties and the decision to extend their custody. They have argued that the magistrate incorrectly exercised powers under Section 135(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Why were Saurav Das and Ashutosh Ranka detained?
Das and Ranka were detained after allegedly climbing over barricades and entering the Jantar Mantar premises to stage a protest despite prohibitory orders. The protest involved displaying the national flag and raising slogans demanding the resignation of Chief Election Commissioner Gyanesh Kumar.
The demonstration came amid protests over changes to electoral rolls and the removal of Jantar Mantar's status as a designated protest site.
The two leaders were initially sent to five days of judicial custody on October 14. On October 19, the Special Executive Magistrate extended their custody by another two days after rejecting the sureties submitted on their behalf.
CJP challenges rejection of sureties
In their petition, the leaders have alleged that the sureties they submitted met the legal requirements and that their continued detention was unjustified. They have also claimed that additional sureties were available but were not given an opportunity to present themselves.
The petition questions the grounds on which the magistrate rejected the sureties, including discrepancies reportedly found in the photographs attached to the bond documents and those on the sureties' Aadhaar cards.
The leaders have argued that the extension of their custody was legally flawed and that the proceedings violated established legal procedures. They have also contended that holding a protest at a site that has been removed from the list of designated protest venues is a regulatory issue and does not, by itself, establish a threat to public order.
CJP seeks urgent hearing, immediate release
The party has approached the Delhi High Court seeking an urgent hearing and the release of the two leaders. Its legal head, Ratna Singh, said the continued detention infringed upon their fundamental right to liberty under Article 21 of the Constitution.
The legal team has also sought an urgent hearing during the court's Dussehra vacation, including the possibility of a night hearing. The High Court's response to the request was awaited at the time of reporting.
The matter centres on the legality of the custody extension, the rejection of the sureties and whether the procedures prescribed under the BNSS were followed. The Delhi High Court is yet to decide the challenge.
