Saurav Das, Ashutosh Ranka Plea Against Judicial Custody : Live Updates From Delhi High Court
Court: Whether such group of persons whose causes keep on changing… the question is when magistrate goes into question of breach of tranquility, such questions are to be considered. Keep the debate in an appropriate proceeding not now when the issue is only insistence on bond.
Chimni: SEM says let me look at surety. He has crossed threshold of eminent. 19th order asked for my surety. And gives finding on surety under Section 140 regime.
Court: What are your ages?
27 and 31 years, Chimni responds.
Court: Then you are not genZ. What age of people are millennials? It was student protest, Children were there but now its another cause. People remain same but cause is changed. Next question is who are you? What are you? What is your association? What is purport of the association? When there is apprehension of breach of peace and tranquility, all this questions will assume importance.
Court; We must debate when it is necessary. Today there is no need to debate for people’s ears. Here when there is no need to debate now….
Chimni: There is a finding in 19th order that test of public order is fulfilled. Why i am not doing it (alternate remedy) is…
Court: This will not be final hearing today. I will have to ask State to file response. If today things happen in your favour, matter closed. If not then yiu can file revision tomorrow. Why i am entering into this debate is last para of the order.
Court: Reason for first bond has rather came true that you had tendency to break peace for second time which you have done. Are not authorities not right in putting you to stricter rule?
Court: Suppose things happen today in your favour at 4 PM, all gone. If not, revision tomorrow or 226 tomorrow. Are you not firing your gun today when it might not be required in law? You can take a step back. Come back in 2 mins.
Chimni: My argument is this is not sustainable at all.
Court: Your second incident, you have broken a bond. Your remedy actually lies in revision. There is difference between maintainability and entertainability.
Court: if it is revisable order., why come in 226?
Chimni: I had violated a personal bond, what effect does that have on exercise under Section 135(3) bnss?
Court: Would it not be better for you to withdraw this, see what happens at 2 PM and then follow the course of law. It is for you to take decision.
Court: When you go again, the challenge to denotification is pending in SC. Notification is yet not stayed. You go there and take a step again. When all these questions are there… the two petitioners they are in forefront. When you go there and you break a barricade, the chances of 10-20 more people is very bright. I am not saying good bad or anything. There might be persons not in your control and they do things.
Court: You could have started with something you say is peaceful. For that purpose you take police permission which is to prevent unwanted persons who join your group and spoil your name.
Court: In this scenario, you went there you broke a barricade, we will see. Is this a revisable order? Under old crpc it was revisable order.
Chimni : there is no dispute that on 14th, they said there is apprehension. Nature and manner in which custody is to be done is subject…
Court: a person goes there gives a bond, breaks it. Correct or not we will see it later. When i saw your grounds… insistence on a surety can it be said to be that illegal? We will hear you on that. I want to come to merits of case also. When yiu give a bond, jantar mantar is denotified, there is a challenge….
Chimni reading the prayers.
Court: In little time that i got, correct me if i am wrong. On 11 october you give your bail bonds. And on 11-10 jantar mantar is denotified. Then you again you and then you are arrested. 176 is the bond given. The allegation is that you have broken bond by going to jantar mantar. When your bail bonds are accepted, sureties are given. When a bail bond is broken there is a procedure in bnss. Instead of following that procedure which can be forfeiting your surety etc, probably they are more benevolent to you by giving you fresh notice.
Matter taken up.
ASG Chetan Sharma along with CGSC Ashish Dixit appearing for Delhi Police.
Advocate Abhik Chimni appearing for Das and Ranka.