CJP Activists Withdraw Plea Against Custody Extension from Delhi HC
Saurav Das and Ashutosh Ranka of Cockroach Janta Party withdraw their plea from Delhi High Court regarding custody extension.
In a significant legal turn, CJP activists Saurav Das and Ashutosh Ranka have withdrawn their petition from the Delhi High Court. The duo had approached the court to challenge an order issued by a Special Executive Magistrate (SEM) that extended their judicial custody until October 21.
The Legal Battle Over Custody
The activists, associated with the Cockroach Janta Party (CJP), sought to quash the October 19 order, arguing that the extension of their custody and the rejection of their sureties were entirely unlawful. Their legal counsel, advocate Abhik Chimni, presented a strong case before the court, asserting that the SEM lacked the jurisdiction to extend their custody.
Chimni further alleged that preventive proceedings were being applied arbitrarily. He specifically questioned the rejection of the sureties provided by the activists, noting that while the SEM cited discrepancies in photographs and verification difficulties for one petitioner, two additional sureties were available but had not been considered.
The High Court's Observation
Justice Subramonium Prasad, presiding over the matter, questioned the decision of the petitioners to approach the High Court under Article 226 of the Constitution. The court pointed out that an alternative legal remedy was available, noting that while writ proceedings typically examine the decision-making process, an appellate or revisional court is better suited to examine the specific facts and merits of an order.
The bench suggested that the activists should wait for the outcome of the proceedings before the SEM court, which was scheduled to reconsider the furnished sureties at 2 pm on Wednesday.
Concerns Over Repeated Rejections
During the arguments, advocate Chimni expressed a deep apprehension that the SEM might reject the sureties again on entirely new grounds. He argued that such a cycle would force the petitioners to return to the High Court once more, highlighting that the activists had already spent several days in custody while trying to fulfill the surety requirements.
The Context of the Arrests
The court also touched upon the background of the case, referring to the petitioners' previous bond. It was noted that the activists had returned to Jantar Mantar after the site had been denotified as a designated protest venue. The court observed that the potential for further disturbance and the alleged breach of the initial bond were relevant factors in the ongoing preventive proceedings.
Final Outcome
Following the court's suggestions, Saurav Das and Ashutosh Ranka decided to withdraw their plea. Justice Subramonium Prasad permitted the withdrawal, making it clear that the High Court had not expressed any opinion on the actual merits of the case.
The proceedings were attended by Additional Solicitor General Chetan Sharma and counsel Ashish Dixit, representing the authorities.