CJP Activists Move Delhi HC Seeking Immediate Release
Saurav Das and Ashutosh Ranka challenge their custody extension in Delhi High Court following a Jantar Mantar protest.
In a bid to secure their freedom, Cockroach Janta Party (CJP) activists Saurav Das and Ashutosh Ranka have approached the Delhi High Court. The duo is challenging the decision of the Special Executive Magistrate (SEM) to extend their judicial custody and is seeking an immediate release from detention.
The Legal Battle for Liberty
The petition targets an order issued on October 19 by the Special Executive Magistrate of the New Delhi district. This order had extended the custody of Das and Ranka until October 21 under preventive proceedings, specifically invoking Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The legal team representing the activists pushed for an urgent hearing, which the High Court granted, agreeing to take up the matter on Wednesday. The petitioners are seeking three primary reliefs: the quashing of the SEM's order, a stay on the custody extension, and their interim release.
Claims of Illegal Detention
The activists contend that their continued detention is not only illegal but a direct violation of their fundamental right to personal liberty. According to the plea, Das and Ranka have been in custody since October 13. They argue that they have repeatedly attempted to furnish sureties to secure their release, but these efforts were ignored.
The petition highlights a specific incident on October 19, claiming that additional sureties were present with executed bonds and fixed deposit receipts, yet they were barred from presenting these documents to the court.
Questioning the Law
The legal challenge also delves into the interpretation of the BNSS. The petitioners argue that Section 135(3) of the BNSS does not grant the magistrate an independent power to extend custody for a fixed period simply based on a police application. Instead, they maintain that detention under this provision should only be linked to a failure in executing a bond.
The Jantar Mantar Protest
The roots of this legal conflict trace back to October 13, when the activists were involved in a protest at Jantar Mantar. The demonstration occurred after the site was denotified as a designated venue for protests.
The petitioners have pointed out a critical flaw in the police's reasoning, stating that the allegations used to justify their detention relate to events that have already taken place. They argue that there is no evidence of an imminent threat that would warrant keeping them in custody.
The Delhi High Court will now determine whether the custody extension was lawful or if the activists should be released immediately.