CJP Activists Released After Pledging No Protests at Jantar Mantar
CJP activists Saurav Das and Ashutosh Ranka released from Tihar Jail after pledging not to call for protests at Jantar Mantar.
In a significant legal development, the Special Executive Magistrate (SEM) Court associated with the Mandir Marg Police Station has ordered the release of Cockroach Janata Party (CJP) activists Saurav Das and Ashutosh Ranka. The release comes after the activists provided a formal undertaking to the court, promising to maintain peace and refrain from calling for any protests at Jantar Mantar until the area is denotified.
Court Conditions and Financial Bonds
SEM Ritu Raj granted the release on October 21, contingent upon the execution of bonds to ensure public tranquility. The court directed both Das and Ranka to furnish personal bonds and surety bonds amounting to Rs. 50,000 each, which must remain in effect until the conclusion of the ongoing enquiry.
After personally inquiring with the sureties and expressing prima facie satisfaction, the court issued a release warrant to the Superintendent of Central Jail, Tihar, in New Delhi. However, the court has mandated that the Investigation Officer (IO) submit a verification report regarding these sureties by the next hearing date.
The Voluntary Undertaking
A central part of the release was the written, voluntary undertaking submitted by the activists. In his statement, Saurav Das expressed full faith in the judiciary and the SEM Court, promising not to commit any breach of peace. The activists specifically committed to the following:
- No calls for protests will be made at Jantar Mantar until it is denotified according to law.
- Any future protests will be conducted strictly within the legal framework and the boundaries of the Constitution.
- A commitment to maintaining law, order, and public tranquillity.
Police Opposition and Legal Arguments
The release was not without opposition. The Investigation Officer, supported by legal consultants Prashant Prakash and Bhairo Prasad, had moved an application seeking a three-day extension of judicial custody. The police argued that there was a persistent apprehension of further breaches of peace, citing statements made by the respondents.
Furthermore, it was argued that the activists' public statements in the media were contradictory to the stands they took before the court, suggesting a lack of consistency in their commitment to avoid similar offences.
Judicial Reasoning
Despite the police's concerns, the court, after hearing arguments from advocates Abhik Chimni and Abhisht Hela, concluded that further judicial custody was unnecessary. The magistrate observed that the measures required under Section 135(3) of the BNSS to prevent a disturbance of public tranquility could be adequately secured through the written undertakings and the execution of peace bonds.
The court emphasized that the respondents must appear at every single hearing and strictly adhere to the terms of their bonds. The matter is scheduled for further proceedings on October 23 at 3 PM.