CJP's Sourav Das, Ashutosh Ranka withdraw petition against custody
What's the story
Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka have withdrawn their petition from the Delhi High Court challenging a special executive magistrate (SEM) court order. The SEM court had earlier sent them to judicial custody till October 21. Justice Subramonium Prasad advised the duo to withdraw their plea for now, as the SEM court was reviewing the sureties given by Das and Ranka at 2:00pm on Wednesday.
Legal debate
'Break barricade... chances are high': Justice Prasad on sureties
During the hearing, Justice Prasad questioned the necessity of insisting on sureties after a preventive notice was violated.
"A person goes there gives a bond, breaks the bond, correct or not we will see later.. Breaks the bond in which case...in such a case, insistence on a surety, can it be said to be that illegal or that much against the law?" he asked.
Judge
Judge mentions riots outside India
The court questioned the CJP leaders' actions, asking if they could control others when they broke barricades.
"When you go and break a barricade, the chances of 10 or 20 more people in violation of Section 163 (BNSS) is very high. There may be persons...who may do things. We are seeing what is happening outside our country. Arson etc."
Age
'You are not Gen Z'
The court also questioned the age of the CJP leaders.
When the court was told they are 27 and 31, the court said, "Then you are not GenZ. What age of people are millennials? It was student protest, children were there but now it's another cause. People remain same but cause is changed."
"The next question will be who....What are you? What is your association...Please understand when there is apprehension of peace and tranquility, all these questions will assume importance..."
Jurisdiction dispute
Advocate argued SEM court overstepped its jurisdiction by extending custody
The judge urged them to first approach the revisional court before moving the High Court.
Advocate Abhik Chimni, representing Das and Ranka, argued that the SEM court overstepped its jurisdiction by extending custody.
"The order says no other surety is present. There were two sureties, but the SEM did not even call for them," he argued.
The court then adjourned to allow counsel to decide whether to withdraw or continue seeking relief.
Detention timeline
Das, Ranka detained for allegedly trespassing into barricaded Jantar Mantar
Notably, Delhi Police detained Das and Ranka on October 13 for allegedly trespassing into the barricaded Jantar Mantar site.
They were remanded to judicial custody for five days on October 14, which was extended by two days on October 19.
In its October 19 order, the SEM court had expressed concerns about their potential to breach peace and tranquility, citing their previous actions as evidence of "habitualness."
Das and Ranka then challenged the SEM court's decision in the high court.