Cockroach Janata Party (CJP) co-conveners Saurav Das and Ashutosh Ranka were released by a Delhi Special Executive Magistrate (SEM) on Wednesday, hours after they withdrew their High Court petition challenging an extension of their judicial custody.
The two had been in custody following an attempt to hold a Tiranga protest at Jantar Mantar on October 14 against Chief Election Commissioner Gyanesh Kumar.
Earlier on Wednesday, Justice Subramonium Prasad questioned why they had approached the Delhi High Court without pursuing alternative legal remedies. He suggested they await the proceedings before the SEM later in the day before deciding their next legal step.
“Would it not be better for you to withdraw this, see what happens at 2 PM and then follow the course of law,” the judge said.
The court allowed them to withdraw the petition without expressing an opinion on the merits.
LAWYER QUESTIONED CUSTODY, REJECTION OF SURETIES
Advocate Abhik Chimni, appearing for Das and Ranka, argued that the SEM’s October 19 order extending their custody by two days did not adequately explain the immediate threat they posed.
He also challenged the repeated rejection of their sureties as arbitrary and sought their release on personal bonds.
The High Court said statutory remedies under the Bharatiya Nagarik Suraksha Sanhita (BNSS) were available to challenge such decisions.
During the hearing, the bench also considered allegations that the leaders had breached their peace bonds by attempting to protest at Jantar Mantar, which had been denotified as a protest site. It noted that the notification had been challenged before the Supreme Court but had not been stayed.
WHY THEY WERE IN CUSTODY
Das and Ranka were first detained at an airport on October 10 ahead of planned protests against the Chief Election Commissioner. They were proceeded against under Sections 126 and 170 of the BNSS and released the same day after furnishing peace bonds of Rs 50,000.
They were apprehended again on October 14 after attempting to hold the Jantar Mantar protest.
In the October 19 custody order, SEM Ritu Raj said the two had deliberately breached their bonds. The SEM also directed them to furnish fresh sureties after finding discrepancies in the documents submitted and receiving unsatisfactory answers during the inquiry.
Source: India Today