'No Respect For Law, Habitual In Calling Protests At Denotified Area' : Executive Magistrate On Extending CJP Leaders' Custody

Observing that repeated calls for protests at de-notified sites showed a lack of respect for the law, a Special Executive Magistrate(SEM) has extended the judicial custody of CJP leaders Ashutosh Ranka and Saurav Das till October 21 in proceedings initiated under Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Special Executive Magistrate Ritu Raj, in an order dated October 19, observed that the two respondents had deliberately breached the bonds executed by them on October 11 and immediately committed a breach of peace.

“The grounds of apprehension as presented before me apparently suggest that the conduct of the respondents is not above board; rather it shows no respect for law and their habitualness in calling protest at de-notified areas,” the Magistrate observed.

The SEM further observed that the statements made by the respondents during the hearing did not inspire confidence, based on their conduct and the material on record, that they would refrain from committing similar offences in the future.

The observations came while the SEM was considering an application moved by the Delhi Police seeking a five-day extension of the respondents' judicial custody.

The Investigating Officer submitted that there was an imminent apprehension of a breach of peace in view of developments in the case, including an alleged anonymous WhatsApp message or communication received by the predecessor of the Magistrate, regarding which a separate daily diary entry had been registered.

The police further alleged that the respondents were members of the Cockroach Janata Party(CJP) and had mobilised members of the public to assemble and stage a protest at Jantar Mantar, which had been de-notified as a designated protest site.

It was also alleged that the respondents had repeatedly called for protests at non-designated sites, including Jantar Mantar and Connaught Place, through social media posts. The police submitted that the respondents had again called upon the public to assemble at Jantar Mantar on October 11 in furtherance of their protest demands.

Opposing the application, counsel for the leaders submitted that they should be released immediately and would not repeat the alleged offences. It was also argued that they had not made any calls for protests after October 10 and that AISA leader Neha Bora and CJP national co-convenor Abhishek Dipke, who was also arrested by the police, had been released.

After considering the submissions, the Magistrate held that the police application was supported by substantial material on record and raised serious concerns regarding the likelihood of a breach of peace and disturbance of public tranquillity, which could not be brushed aside without proper consideration.

The Court granted the leaders an opportunity to file their written submissions within two days, with an advance copy to be provided to the Investigating Officer.

Separately, the Magistrate found the sureties produced by them unfit to stand as sureties, citing discrepancies in the identity documents and unsatisfactory answers regarding personal details. The respondents were directed to furnish fresh sureties.

The matter has been listed for further proceedings on October 21 at 2 PM, when the respondents are to be produced before the Court.