BREAKING | CJP Leaders Saurav Das, Ashutosh Ranka Move Delhi High Court Against Judicial Custody

  • BREAKING | CJP Leaders Saurav Das, Ashutosh Ranka Move Delhi High Court Against Judicial Custody
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    Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka moved the Delhi High Court on Monday challenging an order passed by Special Executive Magistrate Court extending their judicial custody by two more days.

    As per Das and Ranka's counsel, they are seeking urgent hearing in the matter.

    The case involves alleged violation of earlier peace bonds executed by them by attempting to unfurl the national flag at Jantar Mantar in breach of prohibitory orders.

    The two were earlier remanded to five days of judicial custody by Executive Magistrate Mahesh Kumar Meena on October 14. The matter was listed for further proceedings on October 19 on which date the petitioners' judicial custody was extended by two days.

    The plea claims that the Special Executive Magistrate (SEM) has "arbitrarily exercised" powers to extend judicial custody of the Petitioners under Section 135(3) BNSS, because the basis of judicial custody is “in default of execution of the Bond”. However, the plea claims, this ground is incorrect as the Petitioner's Sureties produced on 19.10.2026 were as per law.

    The plea claims that the SEM's finding that no other surety was present is prima facie incorrect, as the petitioners' had two more sureties present. Further, two more sureties were available with duly executed bonds and FDRs, however no opportunity to present the same was ever afforded.

    The plea further urges that every finding in the SEM's order is drawn from the application of the Investigating Officer. It states that a protest at a de-notified site is a question of regulation not a threat to public order.

    They had earlier been apprehended at an airport on October 10 and subjected to preventive proceedings under Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) ahead of the protests announced in Delhi against the Chief Election Commissioner.

    They were then let off on same day after requiring to furnish peace bonds of ₹50,000. However, they were apprehended again on October 14 after their attempt to stage the Tiranga protest at Jantar Mantar.

    While extending their judicial custody, Special Executive Magistrate Ritu Raj in its October 19 order observed that the respondents had deliberately breached their bonds and immediately committed a breach of peace.

    The court said the grounds of apprehension presented by the investigating officer raised concerns about the respondents' alleged habitual conduct of calling protests at de-notified areas. It added that their assurance before the court that they would not repeat the alleged conduct did not inspire confidence, in view of the material placed on record by the police.

    The court had also directed the respondents to furnish fresh sureties after finding that the sureties produced before it were unfit to stand as sureties. The order noted discrepancies between the photographs on the bond documents and the Aadhaar cards of the sureties, as well as their inability to provide satisfactory answers during the inquiry.

    Nupur Thapliyal

    Nupur Thapliyal is a Principal Correspondent with LiveLaw, based in New Delhi. She reports from the Delhi High Court and trial courts in the national capital

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