CJP Leaders Move Delhi HC to Challenge Custody Extension
Saurav Das and Ashutosh Ranka of the Cockroach Janta Party approach Delhi HC to challenge the extension of their judicial custody.
Saurav Das and Ashutosh Ranka, prominent leaders of the Cockroach Janta Party (CJP), have approached the Delhi High Court in a bid to challenge an order extending their judicial custody. The duo is seeking an urgent hearing of their plea to secure their release from detention.
The Legal Battle Over Custody
The petition filed by the CJP leaders contests a decision made on October 19 by Special Executive Magistrate (SEM) Ritu Raj at the Mandir Marg police station. The magistrate had extended the judicial custody of Das and Ranka until October 21.
The legal friction began after the two leaders were produced before the magistrate following an initial five-day period of judicial custody. During the proceedings, the investigating officer requested a further five-day extension, arguing that there were genuine apprehensions regarding a potential breach of peace and the disruption of public tranquillity.
Why the Magistrate Denied Release
In granting the police application for extended custody, SEM Ritu Raj noted that the material placed on record by the police raised significant concerns. The court highlighted several key points that influenced the decision:
- Previous Breaches: The court observed that Das and Ranka had already breached bonds executed on October 11 before the Special Executive Magistrate of the South-West District.
- Conduct Issues: The magistrate stated that the leaders' assurances that they would not repeat the alleged offences did not "inspire confidence," given their prior conduct.
- Protest Sites: Concerns were raised regarding protests being held in areas that had been officially de-notified as authorized protest sites.
The Defense's Argument
Representing the two leaders, advocates Abhik Chimni and Pushp Sharma argued for their immediate release. The defense maintained that there was no reason to fear further violations and that the leaders would not repeat the alleged offences.
Furthermore, the counsel submitted that since October 10, the leaders had not issued any calls for protests. It was also mentioned that their visits to Jantar Mantar had been individual efforts rather than organized mobilizations.
Questions Over Sureties
The situation was further complicated by the court's scrutiny of the sureties provided for the leaders' release. The magistrate expressed doubts about the suitability of the individuals standing as guarantors:
One surety, identified as Teerath, faced questioning after the court noticed a mismatch between the photograph on the bond and his Aadhaar card. According to the order, Teerath failed to provide another valid identity document and gave unsatisfactory answers during the inquiry.
Similarly, another surety, Mannu Raj Anand, was unable to provide basic personal details about Saurav Das, such as his address and parentage, despite these being recorded in the surety bond. This led the magistrate to conclude that there were serious concerns about whether these sureties could actually ensure the presence of the leaders before the court.
Current Status
The magistrate has directed the defense to file written submissions within two days, with a copy provided to the investigating officer. Additionally, the court has ordered the leaders to furnish fresh sureties. This sequence of events follows the initial order on October 14, when the SEM court had first remanded Das and Ranka to five days of judicial custody.