The Delhi high court on Wednesday pulled up jailed Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka over trespassing Jantar Mantar despite the site being de-notified as a designated protest venue. The Delhi high court noted that “barricades have a purpose”.
The high court questioned Das and Ranka's lawyer Abhik Chimni, asking him about the procedure followed after their bail bonds were furnished and allegedly breached with Jantar Mantar trespass act.
Saurav Das and Ashutosh Ranka on Tuesday moved the Delhi high court, challenging a special executive magistrate’s order extending their judicial custody in a case concerning an alleged peace bond violation. Track LIVE updates from Saurav Das, Ashutosh Ranka's hearing here
The court observed that the petitioners had furnished bail bonds on October 11, the same day Jantar Mantar was de-notified as a designated protest site, before being arrested again. It questioned why the procedure prescribed under the Bharatiya Nagarik Suraksha Sanhita (BNSS) for breach of bail bonds was not followed.
On October 10, Das and Ranka were detained at Terminal 3 of Indira Gandhi International Airport. Preventive action was initiated under Sections 126 and 170 of the BNSS, and they initially furnished bail bonds of ₹50,000 each.
On October 11, Delhi Police de-notified Jantar Mantar as a designated protest site. The decision has been challenged separately before the Supreme Court and the Delhi high court.
The challenge follows an October 19 order by the special executive magistrate (SEM) at Delhi's Mandir Marg police station extending their custody by two days. The magistrate had cited concerns over public peace and security, and said the CJP leaders showed “no respect for law” by repeatedly calling for protests at de-notified sites, supporting Delhi Police’s contention that their release could pose an imminent threat to public order, HT earlier reported.
"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," the court remarked.
‘Barricades there for a purpose’: HC cites ‘arson’ in other countries
The high court also questioned the petitioners' conduct, pointing out that they were at the forefront of the protest and had allegedly breached barricades despite not having permission.
"Barricade is there for a purpose… and when you break the barricade, there is a chance of 10-20 people coming," the court said, referring to incidents of “arson” and unrest in other countries.
“We are seeing what is happening outside our country... Arson etc. You may 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,” Bar and Bench quoted the high court as observing.
The high court observation comes in the wake of violent protests sweeping France.
Questioning the circumstances surrounding the protest, the court asked Chimni: “You went there broke a barricade… without permission… all we will see … What is happening here? Is it (SEM's order) revisable order?”
Court further asked Chimni, “Instead of arguing now, why don’t you keep your powder dry? First before the revisional court (trial court) and then high court. Are you not firing your gun today when it might not be required in law?”
Midway, the court asked how old were Das and Ranka, to which Chimni replied 27 and 32, respectively.
“Saurav is 27 and Ashutosh is 32,” Chimni said, according to Bar and Bench.
The court reportedly responded, “Then you are not GenZ. What is GenZ? Court is informed that people born after 1997 are GenZ. Then you are not GenZ.”