CJP Leaders Move Delhi HC: 'Right to Liberty' Violated in Custody Extension
Saurav Das and Ashutosh Ranka of Cockroach Janta Party challenge their detention in Delhi High Court, alleging violation of personal liberty.
Leaders of the Cockroach Janta Party (CJP), Saurav Das and Ashutosh Ranka, have approached the Delhi High Court to challenge the extension of their judicial custody. The duo alleges that their continued detention is a blatant violation of their fundamental right to liberty, especially after they had already attempted to furnish the necessary sureties for their release.
The Legal Battle Over Sureties
The petition challenges an order passed on October 19 by the Special Executive Magistrate of the New Delhi district. The proceedings against Das and Ranka were initiated under Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
According to their legal representatives, the leaders have been kept in custody despite multiple attempts to provide sureties. The lawyers argue that the magistrate's decision to extend their detention was arbitrary and ignored established legal principles. Specifically, they pointed out that:
- Fresh sureties submitted on October 19 were rejected by the magistrate.
- Previous sureties were also dismissed, even though verification reports confirmed that the submitted fixed deposits were genuine and the individuals providing them were available at their addresses.
- The statutory procedures required for rejecting sureties and extending custody were not properly followed.
The legal team maintains that the leaders should not remain imprisoned simply due to administrative issues regarding the verification or acceptance of sureties.
The 'Breach of Peace' Controversy
A central point of contention in the case is the apprehension of a "breach of peace" cited by the authorities to justify the extended custody. The legal team has questioned this claim, arguing that the act of protesting at a site that has been denotified should be viewed as a matter of regulation, not an automatic threat to public order.
Furthermore, the petition highlights that the decision to denotify Jantar Mantar as a designated protest site is currently being challenged in both the Supreme Court and the Delhi High Court.
Timeline of Detentions
The sequence of events leading to this legal battle began on October 10, when Saurav Das and Ashutosh Ranka were detained upon their arrival at Terminal 3 of the Indira Gandhi International Airport. Following preventive proceedings initiated the next day, they were released after executing bonds of ₹50,000 each.
However, their freedom was short-lived. On October 13, the leaders were detained again after visiting Jantar Mantar while carrying the national flag. By October 14, they were officially arrested under Sections 126 and 170 of the BNSS.
On October 19, the police sought a further extension of their judicial custody, citing fears of a breach of peace, which led to the current petition. The leaders are now seeking the setting aside of the impugned order, contending that their detention infringes upon their constitutional right to personal liberty under Article 21. The matter is scheduled for a hearing on October 21.