Cockroach Janata Party (CJP) leaders Saurav Das and Ashutosh Ranka were ordered to be released from Tihar Jail on Wednesday after a Delhi Special Executive Magistrate rejected a police request to extend their judicial custody by three days.
SEM Ritu Raj said further custody was unnecessary after the two submitted written undertakings to maintain peace and public tranquillity.
Das and Ranka were sent to judicial custody on October 14 for allegedly entering Jantar Mantar during their Tiranga march and violating peace bonds furnished earlier. They have been seeking the Chief Election Commissioner's resignation over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.
The October 21 order recorded that they had furnished personal bonds and sureties of Rs 50,000 each until the inquiry concludes. It directed that a release warrant be issued to Tihar Jail.
“Hence, further judicial custody does not appear to be necessary at this stage, particularly after written undertakings before this Court,” the order stated.
UNDERTAKINGS ON PEACE AND PROTESTS
Das and Ranka promised not to breach the peace and affirmed their faith in the judiciary, including the SEM’s court.
They also undertook not to call for protests at Jantar Mantar until its status as a protest site changes in accordance with the law. Any protest would remain within the constitutional framework, they said.
The SEM said the bonds and undertakings could adequately address concerns over a breach of peace under Section 135(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The two must maintain law and order, comply with their bonds and undertakings, and attend every hearing. They and their sureties were directed to appear on October 23 at 3 pm, when the investigating officer must submit a verification report on the sureties.
WHY POLICE SOUGHT MORE CUSTODY
The preventive proceedings were initiated by Parliament Street police over apprehensions of a breach of peace. The leaders’ initial five-day custody was extended by two days on October 19.
Seeking another extension on Wednesday, police argued that the risk of a further breach of peace persisted. They alleged that the leaders’ submissions before the court contradicted their public statements and written reply.
Police also cited the conduct of other members of their group and alleged that a media statement made while the two were being taken to Tihar Jail had undermined the SEM court’s authority.
Counsel for Das and Ranka offered a verbal unconditional apology and assured the court that such conduct would not be repeated.
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